- (1.) Let the affidavit of service be kept on record. This writ application is directed against a resolution (serial No. 89) adopted in the meeting of the respondent No. 2 on July 26, 2011. The above resolution was adopted rejecting the application of the petitioner for granting contract carriage permit in his favour for plying his vehicle (Auto- Rickshaw) on the route from South Chandmari to Modhanpur Station via Beltala, Iswaripur, Alipur.
(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, I find that the ground for rejecting the above application was that the solvency of the petitioner had not been established.
(3.) The procedure for granting contract, carriage permit is prescribed in section 74 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act, 1988). The provisions of sub-section (2) of section 74 of the said Act, 1988 are relevant for deciding the issue involved in this writ application and the same is quoted below:- 74. Grant of contract carriage permit.-- ......................... ......................... (2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:- (i) that the vehicles shall be used only in a specified area or on a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons; (iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers; (v) that, in the case of motorcabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle; (vi) that, in the case of vehicles other than motorcabs, specified rates of hiring not exceeding specified maximum shall be charged. (vii) That in the case of motorcabs, a specified weight of passengers' luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; (viii) That, in the case of motorcabs, a taximeter shall be fitted and maintained in proper working order, if prescribed; (ix) that the Regional Transport Authority may, after giving notice of not less than one month,- (a) vary the conditions of the permit; (b) attach to the permit further conditions; (x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused; (xiii) any other conditions which may be prescribed.;