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Supreme Court of India · body

1985 DIGILAW 279 (SC)

Surjeet Singh v. D. P. Sharma

1985-08-06

E.S.VENKATARAMIAH, R.B.MISRA

body1985
ORDER : 1. The Interim Order passed in all these cases is modified by permitting only such All India Permit Holders who send to the Regional Transport Officer within whose, jurisdiction the journey commences and to the Dy. Superintendent of Police or Asstt. Commissioner of Police having powers under Section 129-A of Motor Vehicles Act over that area by Registered Post a copy of the contract of hiring showing the names and addresses of the passengers to be carried by the concerned Motor Vehicles 48 hours before the time of commencement of the journey to operate the concerned motor vehicles without the necessity of touching the state or the Union Territory in which permits are issued. 2. In case of emergency, the Regional Transport Officer concerned may give permission to make a journey if a list of passengers is filed before him even within the period of 48 hours before the commencement of the journey. 3. The above modification does not apply to circular tours (where the passengers return to the places where the journey commenced) which are advertised before hand and which cover a minimum of three places and extend to at least two States or Union Territories. 4. The Interim Order as modified above would be applicable to all Motor Vehicles Operators holding permits under Section 63(7) of Motor Vehicles Act throughout India including the petitioners who had filed the writ petitions in the High Court, irrespective of whether they touch the home state or not. 5. We feel that this is a matter which should engage the attention of the Govt. of India immediately. It would be in the interests of justice if the Govt. of India takes immediate steps preferably not later than six weeks from today to frame appropriate rules prescribing conditions under Section 63(10) (iii) of the Motor Vehicles Act regarding the right of holders of Permits issued under Section 63(7). 6. The above modified interim order shall become effective from 10th August 1985. 7. These cases shall come up for further hearing on 15th October 1985, subject to over-night part-heard.