THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
31 Shrawan, 1941(S)
Ranchi, Thursday, 22st August, 2019
TRANSPORT DEPARTMENT,
----------
Notification
22st August, 2019
Notification No.-Pari Vi.(S.Su.)-38/18-832--In exercise of the powers
conferred by Section 74, sub-section (1) of section 89, section 93, sub-section (1) of
section 95 and clause (xxviii) of sub-section (2) of section 96 of the Motor Vehicles
Act, 1988, in its application to the State of Jharkhand and of all other powers
enabling it in this behalf , the Government of Jharkhand hereby makes the following
rules, the same having been previously published as required by sub-section (1) of
section 212 of the said Rules, namely:
Jharkhand On-Demand Transportation Technology
Aggregator Rules, 2019
1. Short title, commencement and application.-
(1) These rules may be called the Jharkhand On-Demand Transportation Technology
Aggregator Rules 2019.
(2) It shall come into force on their publication in the Official Gazette.
(3) It shall be applicable to aggregators operating in the State of Jharkhand.
2. Definitions.-
In these rules unless the context otherwise requires,-
(1) "Act" means the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988);
(2) "Form" means a form appended to these rules;
(3) "License" means a license granted or renewed under rule 6 of these rules to engage in
the business of providing on-demand transportation by Public Service Vehicles, based
on information technology for hire or reward;
(4) "Licensing authority" means the State Transport Authority constituted under sub-section
(1) of section 68 of the Act; and
No. 678
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(5) "Aggregator" means a service provider or an operator who acts as a digital intermediary
for a passenger to connect with a driver (of vehicle including car/bus/e-rickshaw/bike
etc), by means of a mobile phone/web application or through a call centre or by any
other advance technology, of Public Service Vehicle having a valid permit under the Act.
(6) ‘EPIC’ means Electoral Photo ID Card (Voter ID Card) and ‘PSV’ means public service
vehicle.
3. Licensing of Aggregator.-
(1) No person shall act as an aggregator without obtaining a license in Form-2 granted
by the licensing authority.
(2) The existing travel agents who are engaged in the business of providing
passenger transport services through phone/ web based application and holding a
license under provisions of Jharkhand Motor Vehicle Rules shall also have to apply
within fifteen days from the commencement of these rules and obtain a license under
these rules.
4.
Application for grant or renewal of license
(1)
An application for the grant or renewal of a license under rule 6 shall be made in Form-1 to
the licensing authority and shall be accompanied by a fee as specified in rule 18 and a bank
guarantee of rupees five lakhs from scheduled bank with validity of five and half years
drawn in favour of the licensing authority.
(2)
Where the applicant, besides the principal place of business hereinafter referred to as
main office, has branch office within the jurisdiction of the licensing authority, such places shall
also be mentioned in the application.
Provided that licensee may change his main office, or any of his
branches as mentioned in the license or open a new branch and intimation of
such change shall be furnished within a period of fifteen days to the licensing
authority. Application for such change shall be accompanied by a fee as
specified in rule 18.
5. Scrutiny of Application
A licensing authority shall, before granting or renewing a license, take into consideration the
following, namely:-
(1)
That the applicant is a registered entity under the applicable laws of India;
(2)
That the applicant is a digital intermediary/ marketplace that canvasses or solicits for a
passenger to connect with a driver satisfying the necessary eligibility conditions and operating a
validly registered vehicle under the laws of India and complies with all applicable
regulations prescribed under the Act and the Information Technology Act, 2000, (Act No. 21 of
2000) including the intermediary guidelines;
(3)
That the applicant has a call centre for customers and drivers operating at all times of the
day during which the applicant intends to provide the above services;
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(4)
That the applicant provides either a web or a phone application based customer service
and grievance redressal mechanism having an operational telephone number and an
email address of a grievance redressal officer;
(5)
That the applicant has intimated the name, address and contact information of the
authorised local representative of the licensee, who is responsible for the compliance of the
provisions of these rules; and
(6)
That the applicant maintains a fleet through a written/digital agreement or memorandum
of understanding with individual permit holders of at least fifty motor cabs at all times and
in the case of vehicles other than motor cab, this number shall not be less than twenty five at
any time. Further the maximum number of cabs in the fleet will be determined in consultation
with the Transport Commissioner based on factors like Demand, Traffic Congestion etc. The
Transport Commissioner reserves the right to restrict the fleet of cabs of the aggregator.
6.
Grant or Renewal of License and matters connected therewith
(1) The licensing authority may, on receipt of an application under rule 4 and after satisfying
himself that the applicant has complied with the requirements of rule 5, grant and issue the
license in Form-2 after payment of fees as specified in rule 18:
Provided that in the case of renewal the licensing authority after
satisfying himself that licensee has complied with the terms and conditions
as prescribed under rule 5 and rule 8, renew the license in Form-2 after
payment of fees as specified in rule 18.
Provided further that no application for license shall be refused by
the licensing authority unless the applicant is given an opportunity of being
heard and reasons for such refusal are recorded in writing by the licensing
authority. The application in form 2 and fees thereof is applicable only for one
district. In case the same aggregator applies for multiple districts Bank
Guarantee shall remain the same, i.e. no additional bank guarantee will be
required but Application fees and License fee in respect of grant or renewal of
license will be chargeable District wise. In case of outstation services from
Source District, license of which licensee holds, only valid permit is
mandatory for concerned vehicle.
(2) The applicant may submit an application for renewal of license at any time after the
completion of four and half years but not less than three months before the expiry of the license
along with a renewed bank guarantee of five lakhs from scheduled bank with validity of five
and half years drawn in favour of the Licensing Authority.
(3) If application of renewal of license is made after the expiry of time prescribed under sub-rule
(2), licensing authority may accept the application looking to the reasons preventing him
applying in time.
(4) The licensing authority shall keep the record of the complaints received from consumers
against the licensee and shall evaluate the ability of the licensee to address such complaints
at the time of consideration of renewal of the license.
7.
Duration of License
A license granted or renewed under rule 6 shall be valid for a period of five
years from the date of grant or renewal.
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8.
General conditions to be observed by the holder of the license
(1) The licensee must ensure that every Public Service Vehicle that is operated for a journey
booked via an aggregator platform should:
a) Be engaged under a written/digital agreement authorising the licensee for the use
of such vehicle as a whole;
b) Be validly registered under the provisions of the Act;
c) Hold a valid Fitness Certificate, issued under the provisions of the Act;
d) Hold a relevant permit to ply in the given area of operation;
e) Hold valid insurance covering for third party risks as prescribed from time to time
under the provisions of the Act;
f) Have paid all the dues payable under The Jharkhand Motor Vehicles Taxation Act,
2001 and rules made thereunder;
g) Comply with the safety requirements prescribed for commercial vehicles;
h) Be equipped with the applicable standard safety equipments prescribed under the
Act and rules made thereunder, including the first aid box;
i) Meet emission standards as specified from time to time and have a valid pollution
under control certificate;
j) Be equipped with emergency safety button(s) wherever mandated by the licensing
authority;
k) Be equipped with a device capable of tracking physical location and in case of
motor cabs with a device capable of measuring the distance and time for accurate
calculation of fare and time of travel. Such equipment shall be fitted by the owner
of the vehicle:
Provided that the location tracking or Global Positioning System device
shall comply with the specifications as laid down by the licensing authority from
time to time;
l) Not carry advertisements to the extent that it becomes hazardous or a
disturbance to the safety of traffic and must be strictly in accordance with the
guidelines issued by the State Transport Authority in this regard from time to time;
and
m) Be run on such fuel which is permissible and decided by competent authorities/
STA for operation in the Region.
(2) The licensee must ensure that:
a) Any driver that wishes to register with an on-demand transportation
technology platform must have a driving license of the appropriate category;
b) Prior to permitting a driver to register with the on-demand transportation
technology platform, and annually thereafter, the licensee must obtain and
review a police verification report for such person, together with self-attested
copy of EPIC card , PAN card, residential address proof along with contact
details of two family members;
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c) Any driver who has been convicted, within the past seven years, for offence
of driving under the influence of drugs or alcohol, or who has been convicted
at any time for any cognizable offence including fraud, sexual offenses, use
of motor vehicle to commit a cognizable offence, a crime involving property
damage, and/or theft, acts of violence, or acts of terror must not be permitted
to use the licensee platform;
d) Any driver that wishes to register with an on-demand transportation
technology platform must hold a Reserve Bank of India (RBI) Know Your
Customer compliant bank account;
e) Driver using the on-demand transportation technology platform must wear his
PSV badge, uniform and display information regarding his name, phone
number, permit number, permanent address in the cab in a place where it is
clearly visible to the passenger
f) Driver using the on-demand transportation technology platform must be
permitted to log-in and log-off the on-demand technology platform at their
discretion and must not be prevented from registering themselves or the
vehicles they operate on multiple on-demand transportation technology
platforms, unless the owners of the vehicle chooses otherwise;
g) Driver using the on-demand transportation platform shall not be compelled to
drive a minimum number of hours, but should follow the rules for maximum
number of hours for safe driving wherever applicable. The Global Positioning
System device should ensure metric recording of driving hours; and
h) Driver when using on-demand transportation technology platform must not solicit
or accept street hails.
(3) For administrative purposes, the licensee must:
a) Provide an address for registered service of process along with details of Office
in-charge to the licensing authority;
b) Provide a list of drivers using on-demand technology transportation
platform, including the full name of driver, driving license number and the vehicle
registration number to the licensing authority on a quarterly basis;
c) Ensure that its web or mobile application ensures compliance with the permit
conditions of the vehicle being operated by drivers using the licensees on-
demand transportation platform;
d) Obtain and maintain the following up-to-date records relating to the driver:
i.
Photograph;
ii.
Driving license detail;
iii.
Badge detail;
iv.
Present and permanent residence address;
v.
Bank details of the driver or any other legal mode of electronic transfer;
vi.
Contact information;
vii.
Self attested EPIC card, PAN card; and
viii.
Contact details and address of two family members of the driver.
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e) Obtain and maintain the following up-to-date records relating to the driver's
vehicle:-
i.
Certificate of registration along with the number of High Security
Registration Plate as prescribed under the Act and rules made thereunder;
ii.
Certificate of fitness as specified and issued under the Act and rules made
thereunder;
iii.
Permit or any other document as specified and issued under the Act and
rules made thereunder, including, but not limited to, an All India Tourist
Permit or a State Tourist Permit, as the case may be;
iv.
A copy of written/digital agreement as referred in clause (a) of sub-rule
(1);
v.
Insurance policy covering the third party risks as specified from time to
time under the Act and rules made thereunder; and
vi.
Certificate of fitment of device capable of tracking of physical location.
(4) In order to promote passenger safety, the licensee must,-
a) Ensure that the on-demand technology transportation aggregators web or mobile
application to connect drivers to riders displays for the passengers a clear picture
of the driver (including license number) and a picture or description of the vehicle
and such other details that allows the rider to verify that the driver of the vehicle is
person whose details the rider has received via the on-demand technology
transportation aggregator;
b) Develop and include a feature in the mobile application that provides riders the
ability to share their location with a minimum 2 number of persons within their
safety network;
c) Develop and include a feature in the mobile application that gives riders ability to
contact local police in case of emergency;
d) Enable data transfer of the vehicle, driver and location of the vehicle to the data
network of the Central or State Government whenever demanded;
e) Verify the criminal background of each driver wishing to use the on-demand
transportation technology platform through police verification;
f) Verify vehicle information registered on the on-demand transportation technology
platform with the information available with the Ministry of Road, Transport and
Highways and/or the State Transport Department on an annual basis;
g) In the event of an incident of a criminal nature involving a trip booked through the
licensee on-demand transportation technology platform, licensee will immediately
inform and cooperate with relevant authorities upon lawful request;
h) Establish a policy of zero tolerance for discrimination or discriminatory conduct
while a driver is logged into the on-demand mobile application. Discriminatory
conduct may include,-
i.
Refusal of service;
ii.
Using derogatory or harassing language directed at passenger; or
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iii.
Rating a passenger on the basis of sex, race, caste, creed, religion, or
nationality; and
iv.
Be held liable if the licensee fails to exercise due diligence and responsible
care in accrediting drivers or does not comply with terms of these rules or
the license.
(5) After receiving a written complaint from a passenger submitted through regular mail or
electronic means containing a reasonable allegation that the driver using the on-demand
transportation technology platform has violated the zero tolerance policy as referred in clause
(h) of sub-rule (4) of rule 8 for discrimination the driver shall be immediately deactivated
from the platform, for the duration of the investigation (by the licensee);
(6) A driver shall not refuse to provide service to an individual with a disability solely because
the individual's disability results in appearance or involuntary behaviour that may offend,
annoy or cause inconvenience to the driver or any other person;
(7) The licensee must implement the zero tolerance policy on the use of drugs or alcohol by its
driver and publish the notice of the zero tolerance policy on its website as well as the
procedures to report a complaint about a driver with whom the passenger was matched and
for whom the passenger reasonably suspects was under the influence of drugs or alcohol
during the course of the ride, and immediately deactivate said driver's access to the platform
upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The
deactivation shall last the duration of the investigation by the licensee;
(8) The on-demand transportation technology platform shall inform the licensing authority if
there is a change in control or ownership of the license and shall seek a fresh/ new license
under the provisions of these rules within fifteen days of such change;
(9) The licensee must publish its policy on fare which shall be with reference to the minimum
and maximum fare rates specified by the State Government, registration of vehicles and
drivers with its platform/ application, sharing of fares with vehicles, owners and drivers,
safety of passengers, mechanism for grievance redressal etc. It must also follow these policies
meticulously and transparently. The rates of the aggregator will have to approved by the
STA;
(10)
The licensee shall conduct structured refresher training programs for its drivers including
but not limited to safe driving skills, gender sensitization passenger etiquette and ensure
that the driver shall undertake such refresher course at least once in a calendar year. Such
training programs should be duly documented by the licensee;
(11)
The licensee shall endeavor to register as many motor cabs having woman drivers as
may be feasible;
(12)
The licensee shall display prominently the license issued under these rules on the app
as well as any screen or print advertisements and;
(13)
The licensee shall follow all the conditions as may be specified and directions issued by
the State Transport Authority or any competent court, from time to time.
9.
General conditions to be observed by Passenger
While travelling or riding in the public service vehicle the passenger or rider,-
(1) Shall not smoke and drink;
(2) Shall behave in civil and orderly manner towards driver and co-passenger;
(3) Shall not willfully or negligently damage the public service vehicle or any of its fittings;
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(4) Shall not cause a driver to drive the vehicle in contravention of the provisions of the notified
speed limits
10.
Transparency
(1)
The On- demand transportation technology platform must provide a feature to convey to
the rider the distance and time travelled (based on the metering indicated by the device) and
consideration to be paid by a passenger /rider for the trip undertaken and upon completion of a
trip, shall transmit or cause to be transmitted an electronic receipt to the passenger's email
address or mobile phone or mobile application or in hard copy documenting the
origination and destination of the trip and a description of the total amount paid, if any
and the name of the person or entity on whose behalf the receipt is issued.
(2)
The rider must be facilitated either via the web or on a mobile app or through a customer
service telephone number and an email address to submit their grievances or difficulties faced
during travel.
(3)
The licensee shall be permitted to digitally provide for all features mandated physically
by any applicable rules or rule or permit condition made by the State Government.
(4)
Chargeable fees of services, surge pricing must be set in consultation with the Transport
Authority and post approval from the Transport Commissioner.
(5)
The aggregator must provide APIs (Application Program Interface) whenever demanded
by the Department of Transport and assist in its integration with any monitoring software that
Department of Transport may create in future.
11.
Power of Licensing Authority to Suspend or Cancel License
(1) If the licensing authority, after giving the licensee an opportunity to be heard, is of the opinion
that:
a) A licensee has failed to comply with any of terms and conditions as detailed in these
rules; or
b) The licensee has failed to maintain the Public Service Vehicles in compliance
with the provisions of the Act and rules made thereunder; The licensing authority
may suspend the license for a specified period or cancel the license.
(2) Every licensee whose license has been cancelled shall be permitted to apply for another license to
the licensing authority after a period of six months from the date of cancellation.
(3) When the license is suspended or cancelled under sub-rule (1) the holder of the license shall
surrender the license to the licensing authority and discontinue the service.
12.
Forfeiting of Bank Guarantee
If the holder of a license fails to comply with the conditions and terms as
mentioned under these rules or any employee of licensee is guilty of any
misbehavior or misconduct with any passenger travelling then the licensing
authority will be free to suspend or revoke the license or/and forfeit the bank
guarantee of rupees five lakhs or appropriate portion looking to the seriousness
of offence.
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13.
Area of Operation
Area of operation of vehicles plying under these rules shall be as per the
permits provided under the Jharkhand Motor Vehicle Rules and as notified
by the Transport Authority from time to time. It should be noted that no
vehicle registered under an aggregator shall violate its permit condition
including the area of operation
14.
Issue of duplicate license and transfer of license
(1) If at any time the license is lost or destroyed, the holder shall report to the police station
in the jurisdiction of which the loss or destruction has occurred and intimate the fact in
writing to the licensing authority and apply in Form-1 to the said licensing authority for a
duplicate license accompanied by the fees as specified in rule 18.
(2) On receipt of an application along with the specified fee in sub-rule (1), the licensing
authority may issue a duplicate license clearly marked "Duplicate".
(3) If after the issue of a duplicate license the original is traced, the same shall be surrendered
forthwith to the licensing authority.
(4) A license issued or renewed under these rules may be transferred to the legal heir in case of
death of licensee on an application made by legal heir. In other cases, license may be
transferred on a joint application made by the transferor and transferee accompanied by
the fees as specified in rule 18 and subject to fulfillment of all the conditions prescribed under
these rules by the transferee.
15.
Appeal
Any person aggrieved by any order of the licensing authority under rule 6, 11
or 12, may file within thirty days of the receipt of the order, appeal to the State
Transport Appellate Tribunal.
16.
Procedure for appeal
(1) An appeal under rule 15 shall be preferred in two copies in the form of a memorandum
setting forth the ground of objection, to the order of the licensing authority and shall be
accompanied by a fee as specified in rule 18.
(2) The State Transport Appellate Tribunal may after giving an opportunity to the parties to be
heard and after such enquiry as it may deem necessary, pass appropriate orders.
(3) The State Transport Appellate Tribunal shall dispose of an appeal filed under rule 15 within a
period of ninety days from the date on which such appeal is filed.
17.
Voluntary surrender of the License
The holder of a license may at any time surrender the license issued to him by the licensing
authority which granted the license and on such surrender the licensing authority shall cancel
the license. The holder of the license before surrendering the license shall clear all the dues
referred in rule 12.
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18.
Fees
The fees which shall be charged under the provisions of these rules shall be as
specified in the Table below:
Serial
Number
Purpose
Amount ( In rupees )
Rule
1.
In respect of application
for
grant or renewal of license
Five thousand
4
2.
In respect of change of
address of the main office
or
permission to open a new
branch
Two thousand five hundred
3.
In respect of grant or
renewal
of license
One lakh
6
4.
In respect of issue of
duplicate license
Ten thousand
14
5.
In respect of transfer of
license
A. Five thousand ( In case of
death of individual
licensee)
B.
Fifteen thousand (In other
cases)
14
6.
Appeal
Two thousand five hundred
15
19.
Refund of Fees
Method and procedure for refund of fee and security as laid down under the
Jharkhand Motor Vehicles Rules, 2001 shall be applicable.
By the order of Governor of Jharkhand,
(Prawin Kumar Toppo)
Secretary
Transport Department
Jharkhand, Ranchi
Jharkhand Gazette (Extraordinary), Thursday, 22st August, 2019
11
FORM-1
[see rule 4]
Application for the grant/renewal of Aggregator's license under the Jharkhand On-Demand
Transportation Technology Aggregator Rules 2019
To,
The State Transport Authority, Ranchi.
I, the undersigned hereby apply for grant/renewal of a license for operation as an aggregator under
the Jharkhand On-Demand Transportation Technology Aggregator Rules 2019
1.
Full Name
2.
Address of the main office
3.
Number of branches and their addresses
4.
(a) If a registered company, enclose a copy of
certificate of incorporation/registration
along
with a copy of memorandum of association.
(b) If a firm, enclose a copy of certificate of
registration of the firm.
5.
Telephone number, web address and e-mail id
_
6.
Number of public service vehicles proposed to be
operated. (Enclose a separate list containing
vehicle numbers and permit particulars of each
vehicle )
7.
Details of GPS/GPRS facility
8.
Details of other infrastructure
9.
Details of Financial Condition
10.
Details of fee paid
11.
Details of Security
Deposit by
way
of Bank
Guarantee
I hereby declare that the information given above and other documents enclosed herewith are true to
the best of my knowledge. I understand that if any information is found to be incorrect at any point of
time, the license granted to me is liable to be cancelled, besides initiating other legal action/actions
against me. I have gone through the provisions of the Jharkhand On-Demand Transportation
Technology Aggregator Rules 2019;
I accept the same and agree to abide by the said rules.
Place:
Date:
Signature of the Applicant/
Authorized Signatory
Jharkhand Gazette (Extraordinary), Thursday, 22st August, 2019
12
to
FORM-2
[see rule 6]
License for an Aggregator
Mr./Mrs. is hereby licensed to function as an Aggregator under the Jharkhand
On-Demand Transportation Technology Aggregator Rules 2019, subject to the
conditions contained in these rules.
Name of the aggregator in full
Addresses of the main office
Addresses of branches
Telephone Number, web address
and email id
Number of public service vehicles
and type (Enclose List)
Name of the District for which
license is required
Details of fee Paid
Details of bank guarantee
The license shall observe all the conditions contained in the Jharkhand
On-Demand Transportation Technology Aggregator Rules 2019.
This license is valid from
Place:
Date:
State Transport Authority
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13
Transport Department
Government of Jharkhand
BANK GUARANTEE FORMAT — PERFORMANCE SECURITY
(To be stamped in accordance with Stamp Act and to be issued by a
Nationalised/Scheduled bank having its branch at Ranchi and payable at par at Ranchi,
Jharkhand)
To,
The Transport Commissioner,
Transport Department,
Government of Jharkhand,
FFP Building, Dhurwa-834004
Ranchi, Jharkhand
Sir,
1.
In accordance with the Jharkhand on Demand Transportation Technology Aggregator Rules
2019, M/s (Name & full address of the firm) (Hereinafter called the "Licensee") hereby submits
the Bank Guarantee for grant or renewal of license as provided in the above rules.
It is a condition in the above rules that the Licensee has to deposit performance security in the form
of a bank guarantee amounting to Rs. 5,00,000 (Rupees Five Lakhs) as provided in rules laid down
by Department of Transport, Government of Jharkhand (hereinafter referred to as "DoT"). The
Bank Guarantee shall be issued by a Nationalised Bank/ Scheduled Commercial Bank having its
branch at Ranchi irrevocable and operative till 5 years & 6 months from the date of issuance of the
License which may be extended if required in concurrence with the Licensee. And whereas the
Licensee desires to furnish a Bank Guarantee for a sum of Rs. 5,00,000 (Rupees Five Lakhs) to the
DoT as performance security.
2.
Now, therefore, we the ..................................... (Bank), a body corporate
constituted under the Banking Companies (Acquisition and Transfer of Undertaking)
Act, 1969 (delete, if not applicable) and branch Office at (hereinafter referred to as
the Guarantor) do hereby undertake and agree to pay forthwith on demand in writing by the
DoT of the said guaranteed amount without any demur, reservation or recourses.
3.
We, the aforesaid bank, further agree that the DoT shall be the sole judge of and as to whether
the Licensee has committed any breach or breaches of any of the terms costs, charges and
expenses caused to or suffered by or that may be caused to or suffered by the DoT on
account thereof to the extent of the performance security required to be deposited by the
Licensee in respect of the said document and the decision of the DoT that the Licensee has
committed such breach or breaches and as to the amount or amounts of loss, damage, costs,
charges and expenses caused to or suffered by or that may be caused to or suffered by the DoT
shall be final and binding on us.
4.
We, the said Bank further agree that the Guarantee herein contained shall remain in full
force and effect until it is released by the DoT and it is further declared that it shall not be
Jharkhand Gazette (Extraordinary), Thursday, 22st August, 2019
14
necessary for the DoT to proceed against the Licensee before proceeding against the Bank
and the Guarantee herein contained shall be invoked against the Bank, notwithstanding any
security which the DoT may have obtained or shall be obtained from the Licensee at any time
when proceedings are taken against the Bank for whatever amount that may be outstanding or
unrealized under the Guarantee.
5.
Any notice by way of demand or otherwise hereunder may be sent by special courier, telex,
fax, registered post or other electronic media to our address, as aforesaid and if sent by post, it shall
be deemed to have been given to us after the expiry of 48 hours when the same has been posted.
6.
If it is necessary to extend this guarantee on account of any reason whatsoever, we
undertake to extend the period of this guarantee on the request of our constituent under
intimation to you.
7.
The right of the DoT to recover the said amount of Rs. 5,00,000 (Rupees Five Lakhs) from
us in manner aforesaid will not be precluded/affected even if the dispute has been raised by the
said M/s and/or dispute or dispute are pending before any court, authority, officer, tribunal,
arbitrator(s) etc
8.
Notwithstanding anything stated above, or liability under this guarantee shall be restricted to
5,00,000 (Rupees Five Lakhs) and our guarantee shall remain in force for a period i.e. 5 years & 6
months from the date of issue of Licensee and unless a demand or claim under the guarantee is
made on us in writing within three months after the validity date, all your rights under the
guarantee shall be forfeited and we shall be relieved and discharged from all liability thereunder.
9.
This guarantee shall be governed by and construed in accordance with the Indian Laws and we
hereby submit to the exclusive jurisdiction of courts of Justice in Ranchi for the purpose of any
suit or action or other proceedings arising out of this guarantee or the subject matter hereof
brought by you may not be enforced in or by such count.
10.
We hereby confirm that we have the power/s to issue this Guarantee in your favour under
the Memorandum and Articles of Association/ Constitution of our bank and the undersigned
is/are the recipient of authority by express delegation of power/s and has/have full power's to
execute this guarantee under the Power of Attorney issued by the bank in your favour.
Date ................................. (Signature) ...................................
Place ................................ (Printed Name) ................................
(Designation) ..............................................
(Bank's Common seal) ................................
In presence of:
WITNESS (with full name, designation, address & official seal, if any)
(1)
....................................................
(2)
Bank Details:
Name & address of Bank:
Bank Details:
Name & Address of Bank:
Name of contact person of Bank:
Contact Telephone Number:
Jharkhand Gazette (Extraordinary), Thursday, 22st August, 2019
15
Transport Department
Government of Jharkhand
GUIDELINES FOR SUBMISSION OF BANK GUARANTEE
The Bank Guarantee shall fulfill the following conditions in the absence of which
they cannot be considered valid:-
1. Bank Guarantee shall be executed on non-judicial stamp paper of applicable value
purchased in the name of the bank.
2. Two persons should sign as witnesses mentioning their full name, designation,
address and office seal (if any).
3. The Executor (Bank Authorities) may mention the power of attorney No. and date
of execution in his/her favour authorizing him/ her to sign the document. The
Power of Attorney to be witness by two persons mentioning their full name and
address.
4. The Bank Guarantee should be executed by a Nationalised Bank/ Scheduled
Commercial Bank only.
5. Non — Judicial stamp paper shall be used within 6 months from the date of
Purchase of the same. Bank Guarantee executed on the non — judicial stamp paper
after 6 (six) months of the purchase of such stamp paper shall be treated as non
valid.
6. The contents of Bank Guarantee shall be strictly as per format prescribed by
DoT.
7. Each page of Bank Guarantee shall bear signature and seal of the Bank and B.G.
number.
8. All corrections, deletions etc. in the Bank Guarantee should be authenticated by
signature of Bank Officials signing the Bank Guarantee.
9. Bank should separately send through registered post/courier a certified copy of
Bank Guarantee, mentioning Licensee reference, title and name, directly to the DoT
at the following address:
Transport Department,
Government of Jharkhand,
F.F.P Building, Dhurwa,
Ranchi-834004, Jharkhand
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 678-- 50.