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TRANSPORT DEPARTMENT, GoVERNMENT OF JHARKHAND Notification

rules · 1988 · State unknown

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Parent: The Motor Vehicles Act, 1988 (1988) (8ead352f5939db5be6d6016f36ddfc1a091b44bc)

Text

TRANSPORT DEPARTMENT, GoVERNMENT OF JHARKHAND Notification Notification No.-Pari Vi.(S.Su.)-38/18 [Ranchi; Date-_ 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 Rules2019 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 O reward; "Licensing authority' means the State Transport Authority constituted under sub-section (1) of section 68 of the Act; and 5) Aggregator" means a service provider O an operator who acts as digital intermediary for passenger to connect with driver (of vehicle including car/busle-rickshawlbike etc), by means of a mobile phone/web application O through call centre or by any other advance technology, of Public Service Ve

Rule TOC

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 O reward; "Licensing authority' means the State Transport Authority constituted under sub-section (1) of section 68 of the Act; and 5) Aggregator" means a service provider O an operator who acts as digital intermediary for passenger to connect with driver (of vehicle including car/busle-rickshawlbike etc), by means of a mobile phone/web application O through 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 license in Form-2 granted by the licensing authority.
4 · Application for grant or renewal f license
5 · Scrutiny of Application
6 · Grant or Renewal of License and matters connected therewith
7 · Duration of License
8 · General conditions to be observed by the holder of the license
9 · General conditions to be observed by Passenger
10 · Transparency
11 · Power of Licensing Authority to Suspend or Cancel License
12 · Forfeiting of Bank Guarantee
13 · Area of Operation
14 · Issue of duplicate license and transfer of license
15 · Appeal
16 · Procedure for appeal
17 · Voluntary surrender of the License
18 · Fees The fees which shall be charged under the provisions of these rules shall be as specified in the Table below:
19 · Refund of Fees
10 ·
11 ·
2 · 3
1 · In accordance with the Jharkhand on Demand Transportation Technology Aggregator Rules 2019, Mls (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 Bankl 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 O 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 o 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
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 hishher 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 Nationalised Bankl Scheduled Commercial Bank only. 5. Non L= 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.