Chandigarh Gazette, No. 17, 01 February 2024

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GOVERNMENT OF INDIA

Chandigarh Administration Gazette

Published by Authority

NO. 017] CHANDIGARH, THURSDAY, FEBRURY 01, 2024 ( MAGHA 12, 1945 SAKA)

CHANDIGARH ADMINISTRATION

TRANSPORT DEPARTMENT

Notification

The 30th January, 2024

No. 2/7/74-H-III (7)-2024/1688.—The following draft of reciprocal agreement which the Administrator, Union Territory of Chandigarh proposes to execute with the Governor of State of Uttrakhand in exercise of the powers conferred by Sub-Section (6) of Section 88 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) is hereby published, as required by Sub-Section (5) of Section 88 of that Act, for the information of all the persons likely to be affected thereby.

Notice is hereby given that the draft will be taken into consideration on or after the expiry of period of thirty days from the publication of this notification. Any objection or suggestion which may be received by the Secretary Transport, Chandigarh Administration, with respect to the draft before the date so specified will be taken into consideration by the Chandigarh Administration.

Draft of Reciprocal Transport Agreement between the Chandigarh Administration

and Government of Uttrakhand.

WHEREAS, it is expedient in view of the rapid economic development of the country to encourage the long distance Inter-state Transport of the passengers and goods between the state of Uttrakhand and U.T., Chandigarh and to regulate, co-ordinate and control their operation, it is necessary to make a reciprocal agreement between the two States/U.T.

AND WHEREAS, the existing parties desire that in supersession of all the previous agreements (written or by understanding) on the subject entered into between them; a fresh agreement on the terms and conditions set out hereinafter may be made between them.

AGREEMENT

This agreement is made and entered into at on this ________ day of _________ 2024 between the Administrator of Union Territory, Chandigarh (hereinafter referred to as the U.T., Chandigarh which expression shall include his successor in office) of the one part and the Governor of Uttrakhand (hereinafter referred to as the Government of Uttrakhand which expression shall include his successor in office) of the second part.

NOW THIS AGREEMENT WITNESSTH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

1. This agreement shall come into force from the date of its final publication in the Official Gazette of respective States.

2. Goods Carriage Permits.

(i) Goods Carriage (Non-Temporary Permits):

The permits for goods carriage without restriction on their number belonging to each States shall be countersigned by the Transport Authorities of the other State on the recommendation of the State Transport Authorities concerned on single point tax basis. However, the permits countersigned prior to this agreement shall remain valid till their validity.

(ii) Goods Carriage (Temporary Permits):

Temporary permits valid for a period not exceeding thirty days may be issued by the Transport Authorities of either State without prior concurrence of the Transport Authority of the other State and also without restriction on their number. The vehicles covered by these permits will not pick up and set down goods between any two points within the territory of the other State/U.T. There will be no restriction on the number of trips that may be performed by these vehicles in other State during the currency of the permit.

3. Contract Carriage Permits :

(i) Motor Cab/ Maxi Cab Tourist Permits (Non- Temporary Permits) :-

The Non temporary permits for motor cabs under the contract carriage shall be countersigned as and when recommended by the Transport Authorities of the two States for operation in whole of the reciprocating State, but subject to the condition that the permit holders of the two States will have to pay the countersignature fee and such vehicle then be exempted from the payment of Token Tax. However, such vehicle will have to pay the Passenger Tax or any other tax imposed in lieu of passenger tax at the rates prescribed in Countersignature State. No intra State business shall be carried out on such permits. The vehicle covered by the above permits will not carry out business between any two points within the territory of the other State. The permits countersigned prior to this agreement shall remain in force till the date of their validity subject to the provision regarding payment of Tax.

(ii) Contract Carriage Permits (Temporary Permits) Under Section 88 (8) of the Motor Vehicle

Act. :-

These permits may be issued by the Transport Authority of each State, without prior concurrence of the Transport Authority of the other State, according to the need of the tourists. The permit shall contain the detailed programme of the tour, showing the dates of onward and return journeys, the order in which the various places shall be visited along with an indication of the appropriate date of the arrival and the departure from each such place. The permit holders shall adhere to the proviso of section 85 of the Motor Vehicle Act, 1988. The permit shall also contain list of passengers travelling in the vehicles.

4. Stage Carriage Permits :

(i) Reciprocal agreements with regard to operations of stage carriage vehicles of one State in another State shall be as delineated here; the operation of Stage Carriage buses of Uttrakhand in Chandigarh is at Annexure "A" and the operation of Stage Carriage buses of Chandigarh Transport Undertaking in Uttrakhand is at Annexure "B and B-1".

(ii) The number of trips allocated for each State on each inter-state route shall be fixed as far as possible according to the length of route falling in each State. A trip for the purpose of this agreement shall mean a single trip daily. The routes mentioned in Annexure "A" and "B and B-1" shall always mean the shortest direct route connecting the two terminals lying in the two States through the places mentioned therein. Any discrepancy discovered later in the name or length of route shown in the said Annexure shall promptly be corrected through correspondence between the reciprocating States and shall not be treated as any modification of the agreement.

(iii) The timetable for stage carriages shall be fixed by the concerned Regional Transport Authority/State Transport Authority of the two States/U.T. after mutual consultations. In case of buses originating from Chandigarh time table will be fixed by State Transport Authority, Chandigarh and in the case of buses originating from Uttrakhand the respective RTA will fix the timetable and allow the facility of counters at the bus stands/stops as approved by the respective States. The Air- Conditioned and non-Air Conditioned buses owned and operated by the State Transport Undertakings of both the States/U.T. only shall be allowed subject to countersignatures. No private bus and buses under the kms scheme of Uttrakhand will be allowed in U.T. area Chandigarh.

(iv) No bus of Uttrakhand will ply on the local routes in U.T. Chandigarh.

(v) No bus of Uttrakhand plying on Inter-State route will pick up or drop passengers in the area of U.T. Chandigarh except at the ISBT notified by Chandigarh Administration.

(vi) Passenger fares shall be charged according to the rates fixed by the respective States for the portion lying in that State from time to time.

(vii) The stage carriage permits of both the States falling under reciprocal transport agreement shall be countersigned by the respective State Transport Authority on the single point taxation basis that means every such permit holder shall have to pay only Special Road Tax/Passenger Tax or any tax notified in future which substitutes these taxes, as the case may be.

(viii) If for any reason, it has not been possible to decide an application for the renewal of the permit before its expiry, the Home State may issue temporary permits under section 87 (1) (d) of the Motor Vehicle Act, 1988 for a period upto four months under intimation to the reciprocating State and such temporary permit subject to proviso set out below, shall require countersignature of the reciprocating State, and the motor vehicle will be authorized to ply on single point taxation basis.

(ix) The application for renewal of countersignature has been submitted to the reciprocating State within time allowed for submission of renewal application under Section 81(2) of the Motor Vehicle Act, 1988.

(x) All the stage carriage permits shall be granted or countersigned as per agreement entered into between the reciprocating States.

(xi) If there is no provision in the scheme then no permit for stage carriage shall be granted or countersigned other than that of State Transport Undertakings on nationalized routes or part thereof by the Transport Authorities of reciprocating States.

(xii) No countersignature fee/application fee shall be charged for renewal/late fees of permits at RTO/ STA of respective states.

(xiii) The State Transport Undertaking of the parties to the agreement can operate only Govt. vehicles of its fleet owned by concerned State Transport Undertakings.

(xiv) The respective State Transport Undertakings may add new routes and services of stage carriages beyond notified routes or increase the number of trips on any existing route on special occasions keeping in view the overall public demand by mutual consent of the respective State Transport Authorities with the approval of both the State Governments.

(xv) Stage carriage buses shall operate by entering/touching the bus stands falling on the routes as approved by the respective competent authorities of each State.

(xvi) All the previous stage carriage permits which had been countersigned by either State before coming into force of this agreement, shall remain in force till the date of their validity and shall be considered as part of this Agreement.

(xvii) The clause in respect of Stage Carriage Permits shall be applicable only for State Transport Corporation / Undertaking / Department of Transport of the reciprocating States.

(xviii) Advertising device, figure or writing can be exhibited on any stage carriage vehicle by the respective State and no fee in this respect shall be chargeable in the other State.

(xix) Both the State Transport Undertaking shall cooperate to each other to board the passengers in midway en-route in case the bus of both STU may breakdown due to technical or mechanical defects.

(xx) Each State shall comply with the second provision to sub-section (1) of Section 88 of the Motor Vehicle Act, 1988 subject to payment of admissible taxes and approved timetable/fare table.

5. General provision for temporary permits :-

(i) The different lists of temporary permits issued (Carriages / Contract Carriage Vehicles) in each month will be presented by other State through Transport Commissioner/State Transport Controller, whatever the case may be, to all the States.

(ii) The Transport Authority of each State granting such permits shall direct the respective owner/ driver to pay applicable taxes at the Tax Collection Centers / Check Posts at Border, before entering into the other State.

(iii) The permits granted or issued under Sub-Section (1) of section 87, if countersigned or allowed, shall have to pay temporary permit countersignature fee of the concerned State and bilateral taxation i.e. such permanent holder shall have to pay Passenger Tax / Road Tax / Goods Tax etc. and Motor Vehicle Tax / Road Tax, whatever the case may be.

(iv) No vehicle older than the maximum life prescribed in other State shall be granted any temporary permit or countersigned to ply in other State.

6. Taxation :

i) The taxes of reciprocating States in respect of different types of vehicle operating on various classes of permits shall be payable as per provision of the Taxation Act and Rules of the respective States.

ii) In case of any delay in the payment of SRT/Other Taxes the respective states will ensure smooth operation of services without any legal complications.

7. Countersignature :

The countersignature shall be granted by the State Transport Authority or Regional Transport Authority/ District Transport Officer of any State, as the case may be, on the recommendation made by the Transport Authority of the other State subject to the permit conditions and Statutory Compliances as applicable in that State.

8. General :

(i) The reciprocating States shall accord recognition of the tax tokens, drivers and conductor license, transport vehicle authorization and the certificate of fitness issued under the relevant rules of each of the two States in respect of vehicles operating on Inter-State Routes, in accordance with this agreement.

(ii) Both the parties may sign an addendum of mutually agreed terms and conditions in respect of class of vehicles not covered in this agreement or any other issues arising from time to time.

(iii) In case of any dispute or difference arising out of the implementation of this agreement or if any ambiguity arises pertaining to clauses of the agreements, the matter shall be referred to a Committee comprising of Secretary /Principal Secretary of each State heading the Transport Department.

(iv) This agreement shall be valid till such time as a new agreement is arrived between the two States by mutual consent. This agreement can, however, be rescinded by either State after issuing a three month notice.

IN WITNESS WHEREOF the parties hereto have signed this agreement on this day and year first above written.

For & on behalf of the Administrator For & on behalf of Governor of Uttrakhand

U.T., Chandigarh

Witness Witness

1.

1.

2.

2.

(NITIN KUMAR YADAV, IAS), Secretary Transport, Chandigarh Administration.

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Annexure-''B''

SUMMARY OF C.T.U., EXISTING & PROPOSED KMS TO BE OPERATED IN

UTTRAKHAND AREA

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CHANGE OF NAME

I, Nisha Thakur, D/o Om Prakash Thakur, R/o House No. 1963-F, Sector 7-C, Chandigarh, declare that on my matriculation certificate my father's name has been wrongly written as Om Parkash Thakur. My father's correct name is Om Prakash Thakur.

[136-1]

I, Mamta, W/o Sh. Shambhu Kumar, R/o # 3838, Sector 47-D, Chandigarh, have changed my name from Mamta to Mamta Kumari for all the official, and unofficial purposes.

[137-1]

I, Shweta, W/o Akhil Ghai, R/o 673, Sector 20-A, Chandigarh, have changed my name to Vandana Ghai.

[138-1]

I, Akhel, S/o Mukand Lal Ghai, R/o 673, Sector 20-A, Chandigarh, have changed my name to Akhil Ghai.

[139-1]

I, Rahul Pushpakar, S/o Gyan Prasad, R/o 3008/1, Sector 45-D, Chandigarh, have changed my name from Rahul to Rahul Pushpakar for all future purposes.

[140-1]

I, Matvit, W/o Sh. Main Pal, R/o # 1134, Phase-1, Ram Darbar, U.T., Chandigarh, have changed my name to Main Vati.

[141-1]

I, Javed Ahmed, S/o Abdul Ahad Rather, # 193-B, Bapu Dham Colony, Sector 26, Chandigarh, have changed my name to Javed Ahmed Rather.

[142-1]

I, Jasvir, S/o Jaipal, House No. 645, Sector 38-A, Chandigarh, have changed my name from Jasvir to Jasvir Bhojgi.

[143-1]

I, Sobha, W/o Nasib Singh, # 1372/1, Sector 30-B, Chandigarh, have changed my name to Shobha. [144-1]

I, Rimpy, D/o Sh. Radhe Kishan # 4783/3, Sector, 38 West, Chandigarh, have changed my name to Rimpy Garg.

[145-1]

I, Yashvi, D/o Neeraj Makkar, R/o # 3421, Sector 27-D, Chandigarh, have changed my name to Yashvi Makkar.

[146-1]

"No legal responsibility is accepted for the contents of publication of advertisements/public notices in this part of the

Chandigarh Administration Gazette. Persons notifying the advertisements/public notices will remain solely responsible for

the legal consequences and also for any other misrepresentation etc."

017—Ptg. & Sty. Deptt., U.T., Chd.