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THE GAZETTE OF INDIA EXTRAORDINARY

|PM,I II-She 3(i)|

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

(TRANSPORT WTNGl

NOTIFICATION

New Delhi, the 6th December. 2001

G.6.R. 882(E).— The following draft rules which the Central Government

proposes to make in exercise of the powers conferred by sub-section(2) of section 139 of

the Motor Vehicles Act, 1988 (59 of 1988) are hereby published as required by sub-

section (1) of section 212 of the said Act for information of all persons likely to be

affected thereby and notice is hereby given that the said draft rules will be taken into

consideration after the expiry of a period of 30 days from the date on which the copies of

this notification as published in the Gazette of India are made available to the public.

Any objections or suggestions which may be received from any person with

respect to the said draft rules before the expiry of the period so specified will be

considered by the Central Government.

The objections or suggestions may be sent to the Joint Secretary (Transport).

Ministry of Road Transport and Highways, Transport Bhavan, New Delhi-1 10 001.

DRAFT RULES

1. Short title and commencement:- These rules may be called the Central Motor

Vehicles (Regulation of Bus Service Between Agartala and Dhaka) Rules, 2001.

2. Definitions: - In these rules, unless the context otherwise requires, —

(a)

"Agreement" means the Agreement between the Government of the Republic

of India and the Peoples' Republic of Bangladesh for the Regulation of motor

vehicles passenger traffic between the two countries;

(b)

' "bus ciew" means driver and conductor;

(c)

"competent authority" means, -

(i)

in relation to a regular permit for transport vehicle, an authority

competent to issue such permit under the law of the country

concerned;

(ii)

in relation to driving licence, an authority competent to issue

driving licence under the law of the country concerned;

(iii)

in relation to a conductor's licence, an authority competent to issue

conductor's licence under the law of the country concerned;

(d)

"Conductor's Certificate" means a certificate issued under clause (5) ol

Article III of the Agreement;

(e)

. "Driving Licence." means the document issued by a competent authority as the

case may be, authorizing the person specified therein to drive a motor vehicle

or a motor vehicle of any specified class or description;

(f)

"Identity

Card/Documents"

means

the identity card/documents

issued

by the competent authority as referred to in clause (4) or (5) of Article

III of the Agreement;

(g)

"passenger vehicle" means motor vehicle for the carnage of passengers for

hire or reward between Bangladesh and India subject to such restrictions on

the gross laden weight, wheel base, seating capacity and overall height of

vehicle as may be operating in either country from time to time;

(h)

"Schedule" means a Schedule annexed to these rules.

3. Forms, contents and duration, etc. of the permit:- (1) A route permit for

passenger vehicle shall be in the form set out in the Schedule I annexed to these rules

and shall be non-transferable,

(2) A route permit for passenger vehicle shall be valid for one year at a lime.

4. Eligibility conditions of a vehicle:

(1) A passenger vehicle shall be so

constructed and maintained as to be at all times under the effective control of the

person driving it.

(2)

Driver of a passenger vehicle shall have—

(a) a valid registration certificate;

(b) a valid certificate of fitness;

(d) a valid route permit;

issued under the law of the country concerned in respect of such vehicle and shall

make the said documents available for inspection by any authority competent to

inspect such vehicle.

5. Conditions for the driver/conductor:- (1) The person driving a passenger vehicle

shall be in possession of a valid driving licence to drive such a vehicle and driver's

identity card/document issued by a competent authority in the form set out in

Schedule 11.

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THE GAZETTE OF INDIA EXTRAORDINARY

[P Mir 11—S?r \D]

(2) The conductor of a passenger vehicle shall be in possession of a valid conductor's

certificate and a conductor's identity card/document issued by the respective

competent authority.

(3) If, for any reason, a driver referred to in sub-rule (1) or a conductor referred to in

sub-rule (2) of a country is unable to perform his duties in the other country, a driver

or a conductor in possession of a valid driving licence/certificate and identity card

issued by a competent authority, may drive or control the vehicle.

6. Distinguishing particulars to be exhibited on the passenger vehicle:-

addition to the registration number assigned to a passenger vehicle, operating under

the Agreement, by the competent authority of the respective Government, the

following particulars shall be painted in English and in the official language of the

respective country in red colour on white surface on both the sides of the passenger

vehicle each letter being not less than one inch (2.5 cm) high and one inph' (2.5 cm)

wide legibly painted on a plain surface or a plate or plates affixed to the passenger

vehicle, namely :-

(i) Name of the country, and

(ii) Starting and terminal points in each country.

7. Personal effects of bus crew:- The bus crew of a passenger vehicle may carry

such personal effects, including wearing apparel, bedding and cooked food, as

permissible under the passenger baggage rules of the respective country.

8. Insurance of the vehicle:- No passenger vehicle which does not have a policy of

insurance, which covers comprehensive or third party risks, arising out of the use of

the passenger vehicle and which complies with the requirements of the law of the

country concerned shall operate under these rules.

9. Conditions for transport of passengers:- No transport vehicle registered in

Bangladesh shall be engaged in the transport of passengers from any point in India to

any other point in India, and similarly no transport vehicle registered in India shall be

engaged in the transport of passengers from any point in Bangladesh to any other

point in Bangladesh.

SCHEDULE I

[See rule 3 (1)]

FORM OF ROUTE PERMIT*

(As per Article 11(2) of the Passenger Motor Vehicle Agreement between India

and Bangladesh)

Government of

____________

Route Permit No.__

Valid upto_

Name of the Country

Route Permit to ply passenger motor vehicle between India and Bangladesh

(a) Particulars of the registered owner of the vehicle :

(i) Name

(ii) Father's/Husband'. Name

(iii) Address

Present Address __

Permanent Address

(iv) Nationality

(b) Particulars of the vehicle

(i) Registration number _________________

(ii) Type of the vehicle

(iii) Maker's name

(iv) Year of manufacturing

„_________ _

„

(v) Engine No.

(vi) Chassis No.

_____

(c)

Seating capacity (including driver) of passenger vehicle _ _ _

(d) Particulars of insurance policy against third party risk :

(i) Policy number

_______

(ii) Name of insurer __

(iii) Date of expiry

_____ ________

(e) Particulars of certificate of fitness of the passenger vehicle.

(i) Certificate number

_______

(ii) Validity date : from „__________

_to

(f) The starting and terminal points in each country

(i) Place of starting

(ii) Place of termination

_ _ _

(iii) Stoppages

_ ^ ^

(g) The routes to be followed by the vehicle

_ _ _ _ .

(h) Number of trips allowed

~s y s / L~, i h ''^i

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THE GAZET1 E OF INDIA HX1RAQRDTNARY

|P sM 11- Sr • Mi)\

Signature, designation and seal,

of the competent authority

____

Signature, designation and seal

o f the courfters i gning autho rity

* document required under Article II of the Agreement issued by the competent

authority of one country and countersigned by the competent authority of the other

country.

NOTE : Registration papers and other documents such as registration certificate-

insurance certificates, fitness certificate, etc., shall be carried on the vehicle(s) and

made available for inspection on demand by the competent authority or any officer

duly authorized by the authority in each country.

SCHEDULE II

[See rule 5 (1)]

Driver's/Conductor's Identity Card/Document

Government of

Sl.No.

_. .,

Date of Issue

_ _ _ _ _

1. Issuing Authority

_ _

2. Name of driver/conductor

___________________

Photo

3. Father's Name

4. Date of Birth

_ „

__.

5. Address

Permanent Address

„

Present Address

6. Nationality

Signatuie of diivci/condutUn

7. Details of driving/conductors licence •

Licence No.,

;

Vehicle class

Valid till

Issued by_

8. Name and address of owner of

passenger vehicle.

Name

Address

Present Address

_ _ .

—_^

Permanent Address

9 Identity card/documents valid from

Signature and Seal of Competent Authority

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