THE RAJASTHAN MOTOR VEHICLES RULES, 1990

1 · 1 Short title and application.- (1) These rules may be called the Rajasthan Motor Vehicles Rules, 1990. (2) They shall come into force from the date? separately notified in the Official Gazette and shall extend to the whole

1 · Notification No. F.7(2)/Rules/HQ. 89-90dated 21.04.1990, published in Raj: Gazette E.O. part 4 (Ga) dated 10.05.1990 and corrected by corrigendum No. F.7(2) Rules(HQ)/89-90 dated 20.07.1990, published in Raj. Gazette Part 4 (Ga) (I) dated 26.07.1990.

2 · WEF: 16.7. 1990, Notification No. F.36(3) Parivahan/90 dated 16-07-1990, published in Raj Gazette E.O. part 4 (Ga)(II) dated 16.07.1990.

1 · 2 Definitions - (1) In these rules unless there is anything repugnant, in the subject or context, a) *Act'' means the Motor Vehicles Act; 1988 (59 of 1988) of the Central Legislature; (b) Additional Secretary of the 3 [ State Transport Authority/Regional Transport Authority]" means an officer, not below the rank of a District Transport Officer, appointed by the State Government. He shall perform all or any of the functions of the Secretary of the 3[State Transport Authority/Regional Transport Authority] and shall also perform such other functions in connection with the work of the 3[State Transport Authority/Regional Transport Authority] as may be entrusted to him by the I[State Transport Authority/Regional Transport Authority;] 'District Collector and District Magistrate" includes an Additional District Collector and District Magistrate; (d) *Divisional Commissioner ' includes an Additional Division Commissioner; (e) ~District Transport Officer" means any officer appointed by the Government to perform the functions and exercise the powers of a District Transport Officer under these rules; ~Fleet Owner> means any person or any undertaking having fleet of at least I[ 500 buses,] either in his own name or in his possession or control and includes the undertaking of other States operating their motor vehicles in this State under any agreement with any State;

1 · . Added by G.S.R 39, dated 26.7.1995, published in Raj Gazette E.O part 4(Ga) (I) dated 26.07.1995. 2. Subs. by G.S R 29 dated 14-09-2004, published in Raj: Gazette E.O. part (Ga) (I) dated 14.09.2004 (w.e f 14.09.2004) 3_ Not No. F.7(3)parilrules/H.0./2005/1V/16885, dt. 31-08-2015 , G.SR 82(Pub. in Raj Gaz, Ex-ord, Pt. 4( c) (II) dt. 01-09-2015) 4. Added by G.SR 50, dated 31-07-1997 (Pub. in Raj: Gaz, Ex-ord, Pt-4(Ga) (I), dated 31-07-1997) 5. Added by GSR 82 dated 29.11.2002 (Pub. in Raj: Gaz. Ex-ord, Pt 4(Ga), dated 29.11.2002.

2 · 1. Licensing Authority- The Licensing Authority shall be a District Transport officer so appointed for the district or the Motor Vehicles Inspector 5[or Motor Vehicles Sub-Inspector]-[or any person]; specially authorised by the State Government to perform the duties of the Licensing Authority: Licensing Authority for the purpose of

2 · 3. Testing Officer- The test of competence to drive as prescribed by the Central Government shall be conducted by the licensing Authority Or a person authorised by such authority, not below the rank of Motor Vehicles Sub-Inspector: 2.4. Driving Test- (1) Subject to Sub-section of Section9 of the Act; the applicant shall furnish a serviceable vehicle of the class to which the application refers and present himself for test at such time and place as may be specified by the Licensing Authority. 2) Where an applicant has passed the test of competence to drive the Motor Vehicle, he shall, on the same day or within a week thereof; pay to the Licensing Authority a fee as specified in the rules made by the Central Government. Provided that; the applicant; unless he

2 · 6. Procedure for Appeal- (1) An appeal under rule 2.5 shall be preferred in duplicate in the form of memorandum, setting forth the grounds of objection to the order of Licensing Authority and shall be accompanied by the original or certified copy of the order against which appeal is preferred and appropriate fee as specified in the rule 2.29.

2 · The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry, if any; as it may deem necessary, pass appropriate orders, and an order passed by Appellate Authority shall be final:

2 · 7. Medical Certificate- The medical certificate as required under Sub- section(3) of Section 8 of the Act shall be signed by such Registered Medical Practitioner as the Transport Commissioner may notify for a specified area in the official Gazette, 0n payment of prescribed fee

2 · 7A. Evidence as to correctness of address:- Bhamashah card issued

2 · 8. Demand for Recent Photograph- If at ay time it appears to a Licensing Authority that the photograph affixed to the licence has ceased to be a clear likeness of the holder; the Licensing Authority may require the holder to surrender the licence forthwith and to furnish two clear copies of a recent photograph of himself and the holder shall, within such period as the Licensing Authority may specify, appear in person before the Licensing Authority and present the photograph accordingly: if the holder fails to comply with a requisition by the Licensing Authority under this rule, the licence shall cease to be valid form the expiry of the said period.

2 · 9.Duplicate licence with new photograph- (1) Upon receipt of the copies of the photograph as provided in rule 2.8 the Licensing Authority shall remove old photograph from the licence and affix and seal thereto one copy of the new photograph and return the licence to the applicant and shall, ifhe is not the Licensing Authority by whom the Licence was issued, forward the one copy of the photograph to that authority:

2 · 10. Licence lost or destroyed-information - (1) if at any time a licence is lost or destroyed the holder of such licence shall forthwith intimate the facts in writing to the licensing Authority, having jurisdiction over the area in which he has his place of residence at the time in Form RS. 2.3 0 in letter setting out the particulars required by that form, and pay the prescribed fee for duplicate licence, as in rule 2.29.

2 · 11. Photograph for duplicate- Where a photograph is required to be affixed to a duplicate licence issued under the provisions of these rules, the holder of the licence shall furnish the Licensing Authority with two clear copies of a recent photograph of himself; one of which shall be affixed to the duplicate licence and the other shall be transmitted by the authority issuing the duplicate licence to the authority by which the licence was issued:

2 · 12. Licence-lost-delivery- when a duplicate licence has been issued upon representation that a licence has been lost and the original licence is afterwards found by the holder it shall be delivered to the Licensing Authority Any other person finding a driving licence shall deliver it to the holder of the licence or to the nearest Police Station or nearest Licensing Authority: The Officer-in-charge of the Police Station on receipt of licence shall immediately forward it to the nearest Licensing Authority.

2 · 13. Licence-defaced or torn or Impounding of If at any time it appears to the Licensing Authority that a licence held by any person is so torn O defaced in any way as to cease to be reasonably legible, the Licensing Authority may impound the licence and issue a duplicate. if a licence impounded as aforesaid is required to have a photograph of the holder affixed thereto, then: -

2 · 14 Duplicate to be stamped- When a duplicate licence is issued it shall be clearly stamped 'Duplicate' in 'Red' and shall be marked with the date of issue of the duplicate and the seal of the Licensing Authority:

2 · 15. Disqualification-Procedure on-A Licensing Authority taking possession of a license under Clause a of sub-section (2) of section 19 of the Act; shall, if the Licence was issued by another licensing authority, initimate the facts that authority:

2 · 16.- Endorsement of Disqualification-When a Licensing Authority $ declares a person disqualified under sub-section (1) of section 19 of the Act; it shall; if the person holds a licence, endorse the licence accordingly and shall send intimation of such declaration to the authority by which the licence was issued

2 · 17. Endorsement of licence by Court- The court making O causing to be made an endorsement on a licence under Section 24 of the Act shall send intimation in Form RS. 2.4, to the Licensing Authority by which the licence was issued and the licensing Authority by which it was last renewed:

2 · 18 Intimation of renewal to original Licensing Authority- The Licensing Authority renewing a licence under the provisions of sub- section(6) of Section 15 of the Act shall intimate the facts to the Licensing Authority by which the licence was issued in Form RS. 2.5.

2 · 18A Necessity of Refresher Training Course.-Before renewal of driving licence for transport vehicle applicant shall have to undergo two

2 · 20. Certificate of automobile association- For the purpose of the second proviso to Sub-section(3) of Section 9 of the Act; the following Automobile Associations are recognized associations: - (1) The Automobile Association of Bengal. (2) The Automobile Association of Southern India. (3) The Automobile Association of Upper India: The Uttar Pradesh Automobile Association: (5) The Western India Automobile Association:

2 · 24 Rules for conduct and duties of the Drivers of Motor Cabs and Motor Cabs fitted with Taxi Meters (1) The drivers of the first two Motor cabs o any stand shall always stay near their motor cabs which shall be ready for immediate hiring by any person. 2) All drivers shall move their motor cabs up as vacancies occur on the stand.

1 · Ins. by G.SR 46 dated 4.12.2003(pub. in Raj: Gaz.Ex. ordPt 4(Ga)(I), dated 4-12-2003) (w.e f: 4.12.2003)

2 · 26 Drivers Badge of Transport Vehicles- (1) A rectangular plastic Badge shall be issued; in Form R.S. 2.1 A after police verification by the licensing authority to every person who has been granted an authorization to drive a transport vehicle under these rules. The size of the badge shall be 10 centimeters X 6 centimeter:

1 · Date 2. SLNo. 3 . Name of the person and name of father/husband 4_ Address 5 . Date of birth 6. Educational Qualification 7. Class of vehicle for which the Learning/Driving licence is issued. 8. Any class Added. 9 . Valid upto 10.Fee deposited vide cash Receipt No. date; 11.Name of the doctor by whom the medical certificate issued 12.Blood group with RH Factor 13.Name of Testing Officer 14.Vehicle number of which trial has been take 15.Type of vehicle 16.Signature of the official who prepared the licence 17.Allowed to drive transport vehicle of 'following categories: - L.T.V MP.T.V. M.G.T.V. HPTV. HG.T.V Any other 18.Signature of the Licensing Authority 19.Driving Licence renewed upto 20.Endorsement made, if any. (2) The Learning Licence or the Driving licence, shall be conferred in the following particulars Year RJ District Learning Licencel Code Driving Licence Number

2 · 6

2 · 7

2 · 9,2.10,2.13, 13.1 2.26,13.1]

1 · Subs. by G.S.R 108, dated 11.01.2000(Pub. in Raj: Gaz. Ex. ~ord. Pt-4(Ga)(I) , dated 11.01.2000)

3 · 1. Licensing Authority - The licensing Authority for issue of the conductor' s licence shall be the District Transport Officer SO appointed for the district or the Motor Vehicle Inspector specially authorized by the State Government to perform the duties of the licensing Authority. 3.2. Conductor-Provision in Stage Carriages of.- (1) Every Stage Carriage shall, in addition to the driver; carry a conductor, whose duties addition to those specially mentioned shall be to attend o the passengers and would be responsible for the observance of the provisions of these rules. Provided that where in emergency it becomes difficult for the permit holder to provided for a conductor of stage carriage, or where a conductor on duty, for reasons beyond his control, cannot perform his duties, the driver of the stage carriage may for a period not exceeding one month act as a conductor of stage carriage without holding the conductor' s licence under section 30.

3 · 3 Application for grant of conductor's licence - The application for conductor' $ licence required under sub-section (1) of section 30 of the Act shall be made in Form RS. 3.1 and shall be accompanied by- (a) a medical certificate in Form 3.2; (b) valid Adult First Aid certificate issued by the St: Johns Ambulance Association of India in Form RS.3.9;

3 · 4 Qualification for grant of Conductor' s licence - No person shall be granted a conductor' s licence unless he satisfies the Licensing Authority that:- he has adequate knowledge of the provisions of the Act and the rules made thereunder relating to the duties ad functions of a conductor.

3 · 5 Change of Residence.- The holder of a conductor's licence shall, except in case of temporary absence, not involving the change of his residence for a period exceeding three months, report any change of his temporary or permanent address as mentioned on the licence in Form RS. 3.10 to the Licensing Authority by whom the licence was granted. 3.6 Renewal of conductors licence: - (1) The application for renewal of a conductor' s licence shall be made in Form RS. 3.4 and shall be accompanied by the conductor's licence, a medical certificate in Form R.S. 3.2 and the prescribed fee.

3 · 9 Duties and conduct of conductor of stage carriages - A Conductor of the stage carriage: - i) shall, as far as, may be reasonably possible, having regard to his duties be responsible for due observance of the provisions of the Act and these rules; (ii) shall not smoke while on duty; (iii) shall behave in a civil and orderly manner to the passengers and intending passengers; (iv)shall be cleanly dressed in the following uniform:- (a) Khaki bush-shirt o Coat with four pockets with flaps Khaki full pant Khaki Cap or turban Shall maintain the vehicle in a clean and sanitary condition; (vi) Shall not solicit custom save, in civil and quiet manner; (vii) Shall not interfere with persons boarding O preparing to board in other vehicles; (viii) Shall not allow any person to be carried in the stage carriage in excess of the seating capacity specified in the certificate of registration of the vehicle, and any additional number of passengers permitted under the terms of the permit to be carried standing in the vehicle; (ix) Shall not; save for good and sufficient reason; refuse to carry any passenger tendering the legal fare; Explanation.- Where legal fare is less than rupee 1/ - the demand by such person for change in excess of the

3 · 13 Defaced or torn conductor's licence.-(1) If at any time it appears to the Licensing Authority that a conductor' s licence

3 · 16 Effectiveness of conductor' $ licence issued by any other State - (1) A conductor' s licence issued by any other competent authority outside Rajasthan shall not be effective in Rajasthan unless countersigned by a Licensing Authority of Rajasthan or recognized under the reciprocal agreement: 2 The holder of conductor' s licence issued by competent authority of another State,at any time apply to the licensing authority in Form RS. 3.10 for counter signature alongwith prescribed fee under rule 3.17. (3) The applicant possesses a good moral character (Character Certificate) The Licensing authority after satisfaction shall countersign the licence and return the same to the holder:

3 · 8

3 · 11, 13.2,3.13,13.2

3 · 15, 13.2

3 · .

3 · 16]]

1 · Substituted by G.S.R 92 dated 5.11.1999, pub. in Raj: Gazette E.O. Part 4 (C)(I) dated 5.11.1999.

2 · Deleted by No. F(229)/pari/Rules/H.Q.2003/541 dated 23-08-2010 and Ins. by No_ F7(198)/Pari/Rules/HQ/2003/II date 11-02-2011.)

4 · 4. Registration of vehicles disposed off by the Defence Forces.- Motor vehicle disposed off by the Defence Forces shall not be registered/assigned unless its military colour are decoloured.

4 · 5 Transport Vehicle-particulars to be printed on.- (1) Save in the case of motor cabs or trailors of nature specified in Clause (i) of sub- section (3) of section 66 of the Act; the following particulars in respect

4 · 15. Appellate Authority - (1) The authority to hear the appeals against any appealable order passed by the Registering Authority under this Chapter of the Act shall be the Regional Transport Officer: (2) The authority to hear appeal against the order passed by any Police Officer or Motor Vehicle Inspector uls 53 read with rule 4.11 shall be the Regional Transport Officer. (3) The authority to hear the appeal against the order passed in respect of certificate of fitness us 56 shall be the Regional Transport Officer having jurisdiction in the area in which the order was passed. 4.16. Procedure of Hearing of Appeals - (1) The appeal referred in Sections 45, 50, 54, 55 and 57 of the Act shall be preferred in duplicate in Form of memorandum set forth concisely the grounds of objections to the order of the registering authority o Inspector of motor vehicles or the Police Officer and shall be accompanied by the prescribed fee in cash or stamps and a certified copy of the order: If the appeal succeeds the appellate authority or the registering authority concerned, as the case may be, refund the fee in whole or in part as he may deem fit:

1 · Substituted by G.S.R. 21 dated 26.7.1993, published in Rajasthan Gazette, Part 4 (Ga)(I) dated 27.7.1993,(w.e.f: 27.7.1993). 2 Substituted by G.S.R. 46 dated 4.12.2003, published in Raj: Gazette E.O. Part 4 (Ga)(I) dated 4.12.2003.(w.e.f.4.12.2003).

1 · . Inserted by G.S.R. 105 dated 13.3.2003, pub: in Raj: Gazette E.O. Part (C)(I) dated 13.3.2003 . 2 Substituted by G.S.R 46 dated 4.12.2003, published in Raj: Gazette E.O_ Part Ga)(I) dated 4.12.2003.(w.e.f.4.12.2003).

1 · Added by G.S.R 46, dated 04.12.2003(pub. in Raj: Gaz,, Ex-ord Pt: 4(Ga)(I) dated 4. 12.2003)(w.e.f 04-12-2003) 2. Deleted by Noti No. F7(271)pari/Rules/HQ/2007, dated 04-10-2007 and after deleted the Rule 4.26 was as follows:- 4.26 Exemption of Road Plant: Nothing contained in Chapter IV of the Act shall apply to Road Rollers, Graders and other vehicles designed and used solely for the construction and repairs of roads.

4 · 2

4 · 24

4 · 25]

1 · Noti: No. F7(4)pari/Rules/H.Q/11/92/12004. dt: 30-06-2015, S.O. 77(Pub. in Raj: Gaz. Ex-ord ,pt 4( C)(II) dt: 01-07-2015)

5 · 1. State Transport Authority - (1) The State Transport Authority shall meet at such times and at such places as its Chairman may appoint Provided that it shall meet atleast once in a year. The number of members whose presence shall constitute the quorum shall be two or 50% of the total membership including the Chairman, whichever is higher: The Chairman; if unable to attend the meeting, shall nominate a member to act as the chairman at the meeting, the Chairman o the acting Chairman nominated under this sub-rule shall have the second casting vote. Not less than 7 days notice shall be given of any meeting of the State Transport Authority. In case of emergency the Chairman can call meeting on 24 hour's notice. A nominated non-official member of the State Transport Authority shall hold the office for a period of three years and thereafter until a successor is nominated: Provided that (i) The Government may, at any time, reduce the period of the office of any such member to the period during which he has till than actually held the office of such member; and

5 · 2. Regions and Regional Transport Authorities - (1) Regions for the purpose of section 68 of the Act shall be in such number and shall comprise the areas, as notified by the State Government from time to time.

5 · 3. Conduct of business of the Transport Authorities - (1) A Secretary appointed under this rule or appointed by the State Government shall perform such duties and exercise such powers as may be specified in these rules and in the bye-laws made by the Transport Authority under sub-rule (2)

2 · The State Transport Authority, or Regional Transport Authority may from time to time, issue instructions to the officers to whom powers have been delegated as to the manner in which they shall exercise the powers delegated to them:] 5.5. Application for Grant of Permit- (1) Every application for a permit in respect of Transport Vehicle shall be in one of the following forms, namely: - 1. In respect of a particular Stage Carriage in Form R.S. 5.1; ii. In respect of service of Stage Carriage in Form R.S. 5.2; iii. In respect of a particular Contract Carriage in Form R.S. 5.3; iv. In respect of a Casual Contract Carriage in Form RS. 5.4;

1 · Ins byS.O. 396 dated 28-02-2004(Pub. in Raj: Gaz. Ex- Ord Pt4 (Ga)(I) dated 28-02-2004 (w.e.f 28-02-2004) 2. Subs: by G.S.R 39, dated 26-07-1995(Pub. in Raj: Gaz, Ex-ord Pt-4 (Ga)I) dated 26-07-1995) regarding grant or rejection of the application and on receipt of the prescribed obtained Form RS. 5.19 for the permit shall be issued which shall be in one of the following forms:-

5 · 15.0 National Permit & AII India Tourist Permit.- (1) A permit granted by State Transport Authority of any State under sub- section (9) or (12) of section 88 of the Motor Vehicles Act and the holder of the permit has opted the State of Rajasthan and paid the tax or fee in lieu of tax if agreed shall be valid without countersignature in the State of Rajasthan Provided that the State Transport Authority o the competent authority, as the case may be, of the State granting the permit issued in respect of the vehicle and authorisation under its seal and signature in the form prescribed in sub-rule (2) of rule 83 and sub-rule (2) of rule 87 of the Central Motor Vehicles Rules, 1989:

5 · 16. Stage carriage regular service.- Every stage carriage shall perform regular service in the manner required by the Transport Authority and shall immediately notify that Authority of any failure to do so, with the reasons thereof, failure without good reason to render the regular service on any prescribed route shall render the permit liable to suspension or cancellation by the Transport Authority.

5 · 17. Stage Carriages to ply on routes other than those specified in the permit under certain circumstances - Holder of a permit granted in respect of a stage carriage shall, if so directed by the Authority granting permit (such direction being made in the interest of public and public safety or in any emergency) use the stage carriage of such route or in such area in the region other than that specified in such permit and during such period and at such timings as may be specified in the directions 5.18. Power of Attorney - (1) Operation of a motor vehicle through an attorney shall not be permissible except in the case of permit holder who is (a) a woman: (b) a minor whose father has died. (c) a person incapable to manage the operation of the motor vehicle by reasons of blindness or other physical or mental infirmity. (d) prosecuting studies in recognised institution and his age does not exceed 25 years (e) under detention or imprisonment. (2) A motor vehicle would not be operated under a power of attorney unless the permit holder has got the name of the person who is resident of Rajasthan and having his place of business for carrying passengers or goods in Rajasthan, in whose favour the power of attorney has been executed registered and filed a copy thereof in the office of the I[State Transport Authority Regional Transport Authority:] Failure to comply with these conditions shall constitute a valid ground for cancellation of permit. 2[5.19. (A) Additional conditions in respect of certain permits - The following shall be the additional conditions to every stage carriage permit That there shall be exhibited on the vehicle adequate particular indicating the public place to which and the route by which the vehicle is proceeding;

1 · Subs. by G.S.R. 39, dated 26-07-1995 (Pub. in Raj: Gaz. Ex - ord Pt. 4( c) (I) dt: 26-07-1995) 2 . Re Numbered by Noti No. F7(3) Pari/Rules/H.Q./2005/iv/16885 dt:31-08-2015, G.S.R 82 (Pub. in Raj: Gaz. Ex-ord Pt. 4( c) (II) dt. 01-09-2015) iii) that the vehicle shall be regularly operated on the entire specified route in each journey in accordance with the approved time-table except when prevented by accident temporary unmoterability of the route O any unavoidable cause due to natural calamity. (iv) if the Regional Transport A uthority require the holder of stage carriage permit that the stage carriage O service of carriages in respect of which the permit is granted shall carry mails at such rates as the authority may in consultation with the postal Authorities fixed in that behalf from time t0 time. 3

5 · 21. Carry of goods o Stage Carriages - (1) No goods shall be carried on the top deck of the double decked stage carriage. (2) Subject to provision of sub-rule (2) of rule 5.24 luggage may be carried on the roof of a stage carriage or in boot; locked or compartment set-aside for the purpose, but where it is so carried on roof adequate-protection in the form of Guard rail shall be provided (3) No luggage shall be carried on a stage carriage in such a way so as to block any entrance O exit (4) Where holder of the stage carriage permit uses the vehicle authorised by the permit for the carriage of goods to the detriment of the public convenience by failing there by to meet the demand for passenger transport; the Regional Transport Authority may after giving the holder an opportunity of being heard, declare that a breach of the conditions of the permit as occurred and may, thereafter, proceed under the provision of Section 86 of the Act: (5) Subject to provision of sub-rule (2) of Rule 5.22 goods may be carried in a stage carriage at any time in accordance with the conditions specified in the permit: (6) Where goods including carriage of general merchandise are carried in a stage carriage in addition to or in lieu of passenger; the goods shall be of such nature and shall be so packed and secured on the vehicle that no danger, inconvenience or discomfort is caused to any passenger. Such number of seats may be specified in the permit which shall be kept free and unimpeded for the use of passenger and the access to the entrance to the exist from, the vehicle required under Chapter VII of these rules shall be under unobstructed.

5 · 24. Carriage of luggage - Every public service vehicle shall be provided with adequate means for the conveyance of reasonable amount of luggage and with a sufficient number of chains, straps or other means of securing such luggage. No luggage shall be carried on the roof of the vehicle unless there has been affixed there to a guard rail of type approved by the Registering Ae uthority and a suitable water proof covering is provided to protect the luggage in wet weather: The covering shall be securely fastened so as to prevent flapping:

5 · 25. Stage or Contract Carriages-Carriage of personal luggage in - (i) In every stage carriage not more than fifty kilograms of luggage and personal effects at per passenger shall be carried. Out of this fifty kilograms the twenty five kg shall be allowed free of charge and the rest may be charged for:

2 · The Secretary/Executive Officer shall mention in his note for the following matter before submitting the application for consideration to the '[State Transport Authority/Regional Transport Authority] financial condition of the applicant as evidenced by insolvency or decree for payment of debts remaining unsatisfied for a period of 30 days prior to the date of consideration of the application. whether the applicant had been punished twice Or more not within the 12 months reckoned from 15 days prior to the date of consideration for the following matters: - a) is he plying any vehicle, without payment of tax due on such vehicle. (2) without payment of tax during the grace period allowed for the payment of such tax and then stopped plying of such vehicle. (3) On any authorised route. (b)is there any challan pending regarding plying unauthorised trips:

1 · _ Substituted by G.S.R. 39 dated 26.7.1995, published in Raj: Gazette E.O_ Part 4 (Ga) (I) dated26-07-1995

5 · 28. Permits-Renewal and countersignature of.- (1) Subject to the provisions of Rule 5.29, application for the renewal of countersignature on a permit shall be made in writing to the Regional Transport Authority concerned and within the appropriate periods prescribed in sub-section (2) of section 81 of the Act and shall subject to the provisions of sub-rule (3) be accompanied by Part A of the permit and prescribed fee. The application shall setforth the period for which the renewal of the countersignature is required. (2) If at the time of application for renewal of a countersignature of permit, Part A of the permit is not available being under renewal by the Authority by which it was issued, the applicant shall state the fact and shall state the number and date of the permit; the name of the Authority by which it was granted, the date of its expiry and the number and date of the countersignature to be renewed. (3) The Regional Transport Authority granting the renewal of a countersignature shall call upon the holder to produce Part A of the permit, if it has not been produced, and Part B or parts A and B of the permit and shall endorse the Parts A and B accordingly and return them to the holder: 5.29. Permit-Validation of the renewal in respect of countersignature of:- (1) The authority by which a permit is renewed may, unless any Authority by which the permit has been countersigned (with effect not terminating before the date of expiry of the permit) has by general or special order otherwise directed likewise renew any countersignature of the permit (by

5 · 30. Condition of permit - A Regional Transport Authority when countersigning a public carrier's permit covered by an inter state transport agreement may attach to the permit a condition that the said public carrier shall not be used for picking up and dropping down the same goods at any two points lying within the jurisdiction of the State.

5 · 31. Permit-Replacement of particular vehicle authorised by - (1) If the holder of a permit relating to a particular vehicle by specification of the registration mark desires at any time to replace the vehicle with another, he shall forward part A of the permit and apply in writing to the Transport Authority by which the permit was issued stating the reasons why the replacement is desired and shall- (6) If the new vehicle is in his possession forward the certificate of registration thereof; Or (ii) If the new vehicle is not in the possession, state any material particular in respect of which the new vehicle will differ from the old.

5 · 32. Permit-Replacement of a vehicle authorised by a service.-(1) If the holder of permit relating to service of stage carriages or of contract carriages desires at any time to replace any vehicle covered by the permit by a vehicle of a different type O1 of a different capacity, he shall forward part A of the permit and apply in writing to the '[State Transport Authority/Regional Transport Authority] by which the permit was issued. Stating the reasons why the replacement is desired and shall intimate the relevant particulars of the vehicle to be replaced and of the new vehicle.

1 · _ Substituted by G.S.R 39 dated 26.7.1995, published in Raj: Gazette E.O. Part 4 (Ga) (I) dated26-07-1995

5 · 34. Permit-Validation of replacement order in respect of countersignature on:- (1) The authority granting permission for the replacement of a vehicle under rules 5.31 and 5.32 shall, unless the Authority by which the permit was countersigned has by general or special resolution otherwise directed endorse on the correction made to parts A and B of the permit the word "Valid also for inserting the

1 · Subs. by G.S.R 39 dated 26.7.1995, pub: in Raj: Gazette E.O. Part4 (Ga)l) dated 26.7.1995. 2.Inserted by Notification NoF. 7(4) Pari/Rules/Hq /92 dated 25.8.2005 (w.e.f: 25-08.2005) 2) If the variation of the permit or any condition thereof is in accordance with any particular upon direction issued by the State Transport Authority under sub-section (4) of section 68 or involves a question of principle which has already been decided by ruling of the Regional Transport Authority or the State Transport Authority and such ruling has not been modified upon appeal.

5 · 40. Permit-Production of:- (1) Part A of permit shall be produced on demand made at any reasonable time by any Transport Officer not below the rank of an Inspector of Motor Vehicles or by any Police Officer not below the rank of a Sub-Inspector:

2 · Any Police or Transport Officer in uniform may mount any transport vehicle for the purpose of inspecting part B of the permit;

5 · 41. Exemption.- With reference to clause (f) of sub-section (3) of section 46 of the Act, transport vehicles engaged in propaganda for removal of untouchability o behalf of the Bhartiya Class League shall be exempted from the provisions of sub-section (1) of section 66 of the Act:

5 · 42. Public Purpose.- (1) The use of civilian transport vehicles when employed in defence work even during peace time for carrying goods o personal over doing distances in a particular zone, Region or on Inter-State routes and for securing the defence of India and Civil defence, for the efficient conduct of Military operations or for maintaining supplies and services essential for defence, shall be a public purpose within the meaning of Clause (f) of sub-section (3) of section 66 of the Act; and the provisions of sub-section (1) of Section 66 of the Act; shall not apply to such vehicles: 2 The driver O other person incharge of the vehicle shall carry with him a certificate signed by a District Magistrate or the Area

5 · 44. Appeal and Revision application against the order of State or Regional Transport Authority.- (1) The Authority to decide the appeal against the order of the State Transport Authority or the Regional Transport Authority under section 89 of the Act shall be the Appellate Tribunal consisting of one member to be constituted by the State Government.

5 · 45. Supply of copies of documents to the persons interested in the appeal or revision:- The Secretary of the Statel Regional Transport Authority shall issue copies of the documents required by any person intending to file an appeal or revision to the State Transport Appellate Tribunal under this Chapter on payment of prescribed fee.

5 · 46. Procedure of appeal or revision - (1) After the State Transport Appellate Tribunal had admitted an appeal under sub-section (1) of section 89 0r a revision application under section 90, of the Act it shall appoint time and place for the hearing of the appeal O revision application; as the case may be, and give intimation to the Authority against whose order the appeal or revision application is made and also to the appellant or the applicant concerned and any other person likely to be affected by the grant of the relief prayed for. Such applicant; respondent or the person interested shall appear before the tribunal in person or through an authorized representative with original documents or record pertaining to the case on the appointed date and place of hearing, if any: The Secretary of the State/Regional Transport Authority concerned shall within 14 days of the receipt of such intimation, send all the original documents and record pertaining to any appeal or revision

5 · 48. Period of rest-Definition of- (1) Any time spent by a driver of a vehicle on work other than driving in connection with the vehicle O with the load carried O to be carried on the vehicle including any time spent o the vehicle during a journey save as a passenger in a public vehicle shall not; and Any time spend by the driver of a vehicle on or near the vehicle when it is at rest, when he is at liberty to leave the vehicle for rest and refreshment although required to remain within sight of the vehicle shall be deemed to be an interval of rest for the purposes of clause of sub-section (1) of section 91 of the Act:

5 · 49. Lost Property:- (1) Where a permit holder or his employee finds any article in his public service vehicle he shall keep the articles for a period of 7 days and shall if the article is not claimed during the said period, hand over the same to the officer incharge of the nearest police station.

5 · 51. Additional provisions relating to conduct of passengers and other persons in omni buses operating in cities - (1) In this rule unless there is any thing repugnant in the subject or context: a "Company" means any person or concern duly authorised to play motor omnibuses in the cities of Rajasthan;

9 · No person (not being an employee of the company) except a bonafied passenger or intending passenger shall board as omnibus and no passenger shall hang on to any exterior part of an omnibus

5 · 52. Conduct of passengers in Motor Cabs - (1) No passenger in a motor cab shall:-

5 · 54 Children and infants carriages in a public service-vehicle of.- In relation to the number of persons that may be carried in a public service vehicle:-

5 · 55. Disinfection of the public service vehicles.- (1) No person shall drive any public service vehicle and no owner of a public service vehicle shall cause or allow such vehicle to be used unless once in every two months it is disinfected with D.D.T. o any other liquid insecticide, approved for the purpose by the Director; Medical and health to the Government of Rajasthan.

5 · 56. Carriage of persons in goods vehicles - (1) Save in the case of vehicle which is used for the carriage of troops or police O a stage carriage in which goods are being carried in addition to passengers; no person shall be carried in goods vehicle other than bonafied employee of the owner or the hirer of the vehicle except in accordance with this rule.

5 · 57. Duty to carry goods by goods carriage - A public carrier shall not, save for reasonable and lawful excuse, refuse to carry any goods of any person tendering the same for not less than the maximum freight, if any, permit under section 67 of the Act:

5 · 58. Stands and halting places - (1) A Regional Transport Authority o District Collector & District Magistrate by notification in the Rajasthan Gazette, or by the erection of traffic signs which are permitted for the purpose under sub-section (1) of section 116 of the Act, or both, may, in respect of the taking up or setting down of passengers or both, by public service vehicles or by any specified class of public service vehicles- conditionally or unconditionally prohibit the use of any specified place or of any place of a specified nature Or class, O

5 · 59 Returns to be furnished in respect of Transport Vehicles - The Regional Transport Authority may by general or special order require the owner of transport vehicle-

5 · 60. Permit holder-change of address of.- (1) If the holder f a permit ceases to reside 0r to have his place of business, as the case may be, at the address set forth in the permit; he shall within fourteen days, send part A of the permit to the Transport Authority by which the permit was issued, intimating the new address

5 · 61. Public Service Vehicle intimation of damage to or failure of.- (1) The holder of any stage carriage permit O any contract carriage permit in respect of a particular vehicle by reference to the registration mark shall, within seven days of occurrence, report in writing to Transport Authority by which the permit was issued, any failure 0f, or damage to, such vehicle or to any part thereof of such a nature as to render the vehicle unfit for use in accordance with the conditions of the permit for a period exceeding three days.

2 · The holder of any permit in respect of a service of stage carriage shall, within seven days of occurrence, report in writing to the Transport Authority by which the permit was issued, any failure 0f, or damage to, any vehicle used by him under the authority of the permit; of such a nature as to prevent the holder form complying with any of the provisions of conditions of the permit for a period exceeding three days.

5 · 62. Alteration of Motor Vehicle.- (1) Further to the provisions of section 52 of the Act, the owner of a Transport vehicle, Or if the owner is not the holder of the permit, holder of the permit shall, at the same time as the report required by that section iS made to the Registering Authority, forward a copy thereof to the Transport Authority by which the permit relating to the vehicle was granted 0 in the case of a permit relating to a service of stage carriages, to the Transport Authority by which the permit was granted under which the vehicle is being used:

5 · 63. Provision as to trailers - (1) No trailer other than the trailing-half of an articulated vehicle shall be attached to a public service vehicle.

2 · Save in the case of a trailer being used for the carriage of troops or police, no person other than the attendant or attendants required by rule 7.57 shall be carried on a trailer:

5 · 64. Distinguishing boards for goods vehicle.- Every goods transport vehicles shall carry in a prominent place on the front of the vehicle a distinguishing board in regional language or in Hindi with the letters 'Goods Carriers' painted in black and white background. The height and width of each letter shall not be less than 127 milimeter and 64 milimeter, respectively.

5 · 65. Inspection of transport vehicles and their contents. Any police officer in uniform not below the rank of a Sub-Inspector O any Head Constable incharge of a police outpost or posted at a police station 0r any Transport Officer not below the rank of a Sub-Inspector of Motor Vehicles, within his respective jurisdiction may at any time when

5 · 68. Examination and sealing of taxi-meter:- Every taxi meter, after it has been affixed to a taxi-cab, whether for the first time or after repair or adjustment, shall be submitted to the registering authority or any other officer appointed by it in this behalf; for examination; as to the correctness of the fittings and subjection to a practical road test over a measured distance of 1.6 kms And a time test of not less than a halfhour's duration, if found correct, its fittings shall be sealed to the taxi-cab in such a manner that it cannot be removed or tampered without the breaking O removal of the seals No person shall break, or temper with;, or attempt to break or tamper with, such seal, or with the taxi-meter or its fittings.

5 · 69. Subsequent examination - Every taxi-meter shall be submitted for examination and test once every Six month and at any other time, if required by the Registering Authority or any other official or authority appointed in this behalf by the State Government. The result of each examination and test shall be entered in the permit of the taxi cab.

5 · 70. Power of Inspector of Motor Vehicles to Inspect Taxi Meters - Any officer not below the rank of Inspector of Motor Vehicles in uniform or any police officer not below the rank of sub-inspector, may, ifhe has reason to believe that a motor cab fitted with a taxi meter has been or is being plied with a meter which is defective or has been tempered with, stop such motorcab and, in order to test such taxi meter; direct the driver or the person incharge ofsuch motor cab to cover a distance or connect the taxi meter on the measuring equipment to ascertain the accuracy of the taxi meter or to proceed to institution and take or cause to be taken such other steps as he may consider proper for the purpose. 5.71. Floor mat:- The floor of a motor cab shall be covered with a mat of rubber; coir or other suitable material .

5 · 72. Conveyance of animal in stage carriages - Cattle and goats shall not be carried in carriages, but dogs and other pets may be carried on payment; if permitted by the conductor: All goods and other animals conveyed in stage carriages shall be securely fastened and under proper control: 5.73. Licensing of and regulation of the conduct of Agents or canvassers who are engaged in the sale of tickets for travel by

1 · substituted by G.SR 21 dated 26.7.1993 published in Raj: Gazette EO. Part 4CXD) dated 27.7.1993,(wef 27.7.1993).

5 · 78. Renewal of Agent's Licence.- (i) The agent's licence may be renewed on an application in Form R.S. 5.34 alongwith prescribed fee made to the Licensing Authority not less than 30 days before the date of its expiry and shall be accompanied by the principal and by supplementary licence, if any, and the prescribed fee. If the application for renewal is made after the prescribed period, it shall accompanied by late fee.

5 · 79. Conditions for Agent's Licence - The agent's licence shall be subject to the following conditions, namely:-

5 · 80. Particulars to be maintained in contract of agency - All contracts entered into o way bills issued by the licensee for the purpose of . collecting forwarding

5 · 82. Places to be used for loading and unloading of goods - (1) The Licensing Authority may in consultation with the Local municipal authority of the police authority having jurisdiction over the local area concerned or both approve any premises owned by or in possession of a licensee or the applicant for agents licence to be used for loading or unloading of the goods o for parking of goods vehicles o for storage of goods in the custody of the agent; having regard to suitability of the site, sanitary conditions and storage facilities provided at such premises 2) Any approval under sub-rule (1) shall be subject to the following conditions, namely -

5 · 83. Suspension and Cancellation of licence.- (1) Without prejudice to any other action which may be taken against the licence, the Licensing Authority may, by order in writing, cancel the agents licence or suspend it for such a period, as it may think fit in its opinion any of the conditions under which the licence has been granted, has been contravened:

5 · 84. Issue of Duplicate Licence. - If at any time an agent's licence is lost, destroyed, torned or otherwise defaced so as to illegible the agent shall forthwith apply to the licensing authority for grant of duplicate licence. The application for obtaining duplicate licence shall be accompanied by the prescribed fee. Upon receipt of such application that authority shall issue a duplicate agent's licence clearly stamped "Duplicate". If the original licence is subsequently found, the original licence shall be surrendered to the Licensing Authority: 5.85. Appeals-. (a) Any person aggrieved of order made by the Licensing Authority under these rules may appeal to the Transport; Commissioner or within 30 days from the date of such order on its communication to him alongwith prescribed fee. The memorandum of appeal shall be filed in duplicate setting forth concisely the grounds of objection and shall be accompained by a certified copy of the order

5 · 5, 5.27 and 5.28

5 · 9 5.27 and 5.28

5 · 5

5 · 28

5 · 36

5 · 44

5 · 38

5 · 73(3) and 5.77

5 · 78

5 · 78

5 · 84

5 · 85

5 · 35(3)

6 · 1.Definition- For the purpose of this Chapter unless there is anything repugnant in the subject or context: a) Managing Director:- Means Managing Director of Rajasthan State Road Transport Corporation and includes any other officer who may be authorised by the State Government or the corporation to perform the functions of the Managing Director. 'Scheme' _ Means a scheme framed in pursuance of Section 99 of the Act State Transport Undertaking;-Means the Rajasthan State Road Transport Corporation established under section 3 of the Road Transport Corporation Act of 1950.

6 · 2. Preparation of scheme. While preparing scheme under this chapter the State Government may call any information from Rajasthan State Transport undertaking with a view to formulate a proposal regarding scheme under section 99 of the Act: The scheme shall be published in Form RS. 6.1 in Official Gazette and not less than one newspaper in Hindi language circulating in the area or route proposed to be covered by such scheme, by the Government

6 · 3. Manner of filing objections - (1) Any person affected by the scheme and wishing to file objections under section 100 of the Act shall do so in the form of a memorandum in duplicate, setting forth concisely the grounds of objections to the scheme within 30 days of the publication of the scheme in the Official Gazette.

6 · 4. Consideration and Disposal of Objections - (1) The objections received shall be considered by such officer as is authorized to do SO by order under the rules made by the Governor in pursuance of clause (3) of Article 166 of the Constitution of India:

6 · 5.Publication of Approved Scheme.- Subject to proviso to sub-section (3) of Section 100 of Act; a scheme so approved or modified shall be published in the Official Gazette and at

6 · 9. Giving effect to the approved scheme.- (1) For the purpose of giving effect to the approved schemes, the Regional Transport Authority concerned shall forthwith cancel o modify o refuse to renew Or make ineffective the existing permit in respect of notified route O portion thereof and serve upon the holder of such permits notices to that effect:

6 · 10. Disposal of articles found in the vehicle:- (1) The maximum period for claiming by owner of any article left by him in any transport vehicle operated by the State Transport Undertaking shall be 15 days. (2) Where any article found in any such vehicle is not claimed by its owner within the period mentioned in sub-rule (1), the State Transport Undertaking may sell the article by public auction: A notice of such auction shall be displayed, 15 days in advance of the date of auction o the notice board at the place where the auction is to be held and also publish in the local news papers: Provided that nothing in this rule shall apply to any article which is of perishable nature or has any danger or loading the greater part of its value and it shall be lawful for the State Transport Undertaking to dispose off any such article at any time as the circumstances may require. 6.11. Manner of service of an order under Chapter (VI) - Every order under Chapter (VI) of the Act shall be served: -

7 · 11 General- Every public service and private service vehicle, and all parts thereof including paint work or varnish; shall be maintained and in a clean and sound condition, and the engine mechanism and all working parts in reliable working order: 7.12 First-Aid-Box- Every public service and private service vehicle shall carry a First-Aid equipment in the erosal bottles approved by Bureau of Indian Standard containing medicine for burns, wound, painkillers and dressing material as prescribed by the State Transport Authority and dust proof first-Aid-Box containing the following articles namely: i. a leaflet containing first-aid instructions approved by the State Government from time to time; ii. twenty-four sterilised finger dressing; iii. twelve sterilised hand and foot dressings; iv. twelve sterilised large or body dressings; V one extra large, two large and ten small sterilised burn dressings; vi. two and half ounce packets of sterilised cotton wool;

1 · Deleted by G.S.R 46 dated 4.12.2003, Pub. in Raj: Gazette E.O. Part 4 (Ga) dated 4.12.2003 (w.e.f: 4.12.2003). '[(2)] Notwithstanding anything contained in sub-rule (1), stage carriage vehicles having seating capacity upto 20 excluding driver and conductor; plying exclusively within the municipality/U.IT: area, the seating arrangement shall be such that some seats shall be placed along the vehicle and some across the vehicle in such a way that seats shall be placed along the vehicle ans some across the vehicle in such a way that seats placed along the inner body of vehicle in two rows facing each other and the seats placed across the vehicle shall be at the extreme end of the vehicle and the space left thereafter may be utilized for the standing passengers, and for stage carriage vehicles plying exclusively within the municipally/U.I.T: area, having seating capacity more than 20 excluding driver and conductor, the seating arrangement shall be such that the seats shall be placed across the vehicle facing in the same direction having a seating arrangement of 2x2 pattern but in such vehicles the seats in front of the rear gate and at the extreme shall not ne placed, so the such vacant space may be utilised for standing passenger: (3) The seats and back of the seats of vehicles mentioned in sub-rule (2) shall be provided with fixed cushins The cushions shall be covered with leather cloth of good quality or other material of such kind that they are capable of being kept in a clear and sanitary cover: The size of the seat provided for the passengers shall not be less that 38cmx 38cm. 4) Subject to provisions contained in rule 7.17, the stage carriage vehicles mentioned in sub-rule (2) may carry standing passenger upto 50% of its steading capacily:] Explanation- 1. All the vehicle having the specification prescribed for vehicle of All India Permits shall be treated as Deluxe Buses. 1. If in the semi deluxe or deluxe buses they are air- conditioned 0 provided with facility of viewing Video films shall be treated as luxury buses. 2. If ordinary bus or bus having specification of

2 · 254 Cms to 293 Cms 294 Cms to 305 Cms 306 Cms to 343 Cms 344 Cms to 407 Cms 408 Cms to 432 Cms 433 Cms to 496 Cms 497 Cms to 534 Cms 535 Cms to 541 Cms 542 Cms to 561 Cms 562 Cms and above

1 · 1 10 Provided that the minimum seating capacity specified above may be reduced by two seats in case of vehicle having separate entrance and exit. Provided further that no reduction of seating capacity as mentioned in the certificate of registration shall be allowed after original registration of the vehicle unless such reduction is necessitated on account f wrong calculation of the measurements or when the body is reconstructed. (2) The Provisions of sub- rule(1) shall not apply to a vehicle already registered on the date of coming into force of the Rajasthan Motor Vehicles (Amendment) Rules, 2020, but when the body of vehicle is reconstructed at any time the provisions of sub-rule(1) shall be applicable: '

7 · 15 Projection of seats beyond floor space- Every stage carriage shall have a body of the saloon type: Provided that this rule shall not apply to any stage carriage registered on or before April, 1951. 7.16 Gangway- (1) In every compartment of every public service vehicle the entrance to which compartment is from the front or rear; there shall be gangway along the vehicle; and; where seats are placed along the sides of the vehicle there shall be as gangway a clear space of not less than 610 mm and not more than 630 mm. measured between the fronts of the seats; (ii) where seats are placed across the vehicle, there shall be as gangway a clear space of not less than 305 mm. and not more than 315 mm between any part of adjoining seats or their supports; and

1 · Subs_ by G.S.R 21 dated 26.7.1993, Pub. in Raj. Gazette E.O. Part 4 (Ga) dated 27.7.1993, (w.e.f: 27.7.1993). 7.29 Exhaust Pipe- The exhaust pipe of every public service vehicle shall be so fitted or shielded that no inflammable material can be thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle; the outlet thereon shall be placed for enough to the rear to prevent; SO far as practicably fumer from entering the vehicle. 7.30 Electric Wires- All electric wires or leads shall be adequate insulated: 7.31 Fire extinguisher- (1) With the previous sanction of the Government; the State Transport Authority may as a condition precedent to the grant of permits, require all public service vehicles in any specified area to be equipped with a fire extinguishing apparatus of a type specified by it and may require that such fire extinguishing apparatus shall be inspected at such periods and by such persons, as it may specify. (2) With the previous sanction of the State Transport Authority, a Regional Transport Authority may as a condition precedent to the grant of a permit; required any public service vehicle o any class of 'public service vehicles to be equipped with a fire extinguishing apparatus of a type specified by it and may require that such fire extinguishing apparatus shall be inspected at such period any by such persons, as it may specify. 7.32 Locking of nuts- All moving parts of every public service vehicle and all parts subject to severe vibration connected by bolts or studs and nuts shall be fastened by some efficient device So as to prevent them working or becoming loose.

7 · 33 Floor board- (1) The floor boards of every public service vehicle shall be so fitted as t0 exclude as far aS possible droughts and dust. (2) The floor boards shall not be pierced save for the purpose of drainage and the hole so made shall be covered by a metallic cover hinged at one end 7.34 Spare wheel and tools- Save as otherwise specified, by the Regional Transport Authority in respect of municipal or cantonment areas, every public service vehicle shall, at all times be equipped with not less than one spare wheel or rim, fitted with a pneumatic tyre in good and sound condition ready and inflated, and mounted in such a way that it can be readily dismounted and fitted to the vehicle, in the place of any one of the road wheels. (2) Sub-rule (1) shall not apply to a public service vehicle, during the completion of any journey during which it has been necessary to bring to spare wheel or rim and tyre into use. (3) Every public service vehicle shall at all times be furnished with an efficient jack and other tools necessary to change a wheel or rim and tyre and with the equipment necessary to repair a puncture. (4) Every public service vehicle shall, at all time be furnished with one screwdriver and at least with one spare fuse, one side- light bulb and one head light bulb and when such vehicle is fitted with sealed beam head-light with one spare sealed beam unit and a fan belt; one inspection lamp with 10 meters long wire: Provided that; the State Government may by general 0 special order; exempt for such period as may be specified the rein any public service vehicle O class of such vehicles in respect of any area, if it is satisfied that adequate arrangements exists for expeditious and efficient emergency repairs in such area. 735 Inspection of Motor Vehicle- (1) Notwithstanding anything contained in rule, if the Registering Authority has reason to believe that owing to the mechanical defects, any vehicle, is in such condition that its use in a public place constitutes a danger to the public, or that it is fails, to comply with the requirements of Chapter-VII of the Act or of the rules made thereunder; he may cause such vehicle to be inspected by an Inspector of Motor Vehicles and after giving the owner an opportunity of making any representation as required under sub- section (1) of section 53 suspend the certificate of registration of the vehicle under the said section till such time as the vehicle is produced for inspection duly repaired. 2) (a On inspection if the Inspector of Motor Vehicles is satisfied that such vehicle is in a mechanically defective condition he shall issue to the owner a memorandum in Form R.S. 4.8 using such items thereof as are applicable to non-transport vehicles, and submit a copy thereof to the Registering Authority: (b) If on receipt of a copy of such memorandum, the Registering Authority has reason to believe that owing to the mechanical defects, the vehicle is in such condition that is use in a public place

7 · 37. Springs - (1) Chassis springs shall be properly hung and must be of sufficient strength and flexibility to meet all likely contingencies 2 The rear springs shall be attached to or bear upon the back axle casing as near to the road wheels as possible and he distance between the springs (the distance between the springs from in side to outside) shall not be less than 50 percent of the overall width of the vehicle. (3) The front springs shall be as wide-apart as possible and the difference between them shall not be less than 37 percent of the overall width of the vehicle; provided that if the width of the rear springs is 53 per cent of the overall width of the vehicle, or more, the minimum distance between the front springs may be by (2.54 centimeters) less than the repuired by this sub-rules. (4) There shall be no cross springs.

7 · 38. Wheel Track:- The wheel tracks of both front and rear wheel shall coincide and the distance between the centre lines of the tracks of the front wheels shall not be less than 69 percent of the overall width of the vehicle:

7 · 39 . ventilation - Every state carriage shall be provided with adequent means of ventilation so that there shall be proper ventilation even when the windows, if any, are not opened. If the carriage is provided with opening windows, suitable provision shall be made so that opening of the window could be adjusted. 7.40. Prohibition of painting or Marking in certain manner.- (1) No advertising device, figure Or writing shall be exhibited o any public service vehicle save as may be specified by the Regional Transport Authority by general or specific order. (2) A public service vehicle when regularly used for carrying Government Mail by, or under a contract with; the Indian posts and Telegraphs Department; and exhibit in a conspicuous place upon plate or a plain surface of the Motor Vehicle and word * Mail in red colour on a white ground, each letter being not less than fifteen centimeter in height and of a uniform thickness of three quarters of 2.54. cms.

7 · 41. Body and loading platform of goods vehicle: - Every goods vehicles including a trailer shall, be equipped with a strong platform or body so constructed as to be capable of carrying the load for which it is used without danger to other roadusers and such that the load can be securely packed within or fastened to the body or platform.

7 · 42. Chocks - (1) In order to prevent a goods vehicle from running backward on slopes, or otherwise to render it immobile, very such vehicle, not being a light motor vehicle, shall be equipped with two wedge-shaped rigid chocks, each measuring 30 centimeters in length 30 centimeters in breadth and 254 centimeters in height; with one of its sides having a slope making an angle of 45 degrees at the end. The plane surface of the sloped side of each chock shall be rendered concave so as to fit the outer circumstance of the tyres normally fitted to the rear wheel of vehicles.

1 · Inserted by G.S.R 14 dated 17.5.1995, pubin Raj: Gazette E.O. part 4 (Ga)(I) dated 17.5.1995.

2 · Substituted by G.S.R 14, dated 17.5.1995, published in Raj: Gazette E.O. Part 4 (Ga)I) dated 17.5.1995. (3) Each such chock shall have a hook and be kept:

7 · 45. Checking of designs of locally manufactured trailer - (1) An application for the approval of a new design of trailer manufactured in India and intended to be used as a transport vehicle shall be sent to the Transport Commissioner; in triplicate by the manufacturer or his authorized assembler in form RS. 7.1. Such application shall be accompanied by three copies of each of the following in addition to other documents mentioned in the form of application;

7 · 46. Provision as to trailers: - No trailer other than the trailing half of an articulated vehicle shall be attached to a public service vehicle.

7 · 47. Prohibition and restriction on use of trailers with motors cycle and invalid carriages - (1) A motor cycle with not more than two wheels with a side-car shall not draw a trailer.

7 · 48. Prohibition of attachment of Trailer to certain vehicles - No Motor vehicle which exceeds 8.4 meters in length not being a motor vehicle used for towing a disabled motor vehicle shall draw a trailer.

7 · 49. Restriction on number of trailers to be drawn:- (1) No tractor shall draw more than three trailers:

7 · 50. Attemdants on Trailer - (1) Where a trailer is or trailers are being drawn by a motor vehicle, there shall be carried in the trailer or trailers or on the drawing motor vehicle, as the case may be, the following persons, not being less than twenty years of age and competent to discharge their duties, that is to say:

7 · 51. Restriction on length of Train of Vehicle and Trailers - The sum total of the length of any vehicle and its attached trailer or trailers shall not exceed 23 meters.

7 · 52. Distinguishing mark for Trailers - (1) No person shall drive, Or suffer Or cause to be driven, in any public place any motor vehicle to which a trailer is or trailers are attached unless there is exhibited on the back of the trailer Or of the last in the Form R.S. 7.2 set out in the diagram in retro-reflective red colour and white back ground:

2 · The mark shall be kept clean and unobscured and shall be so fixed to the trailer that:

7 · 53. Special rules for heavy goods and passenger motor vehicles attendant - The driver of a heavy goods and passenger motor vehicle shall be accompanied by an attendant who shall be in a position to give warning of any traffic approaching from the rear and shall assist the driver by giving signal when the motor vehicle is being taken in reverse.

7 · 54. 'Producer' defined:_ In these rules; otherwise expressly stated 'producer" means the whole of the generator, pipes coolers, filters and accessories necessary for the generation of gas and its supply to the engine. 7.55. Conditions of fitting producers to vehicles - on and after the coming in to force of these rules; no producers shall be fitted to a motor vehicle unless the producer-

7 · 56. Approval how obtained - (1) Any person seeking the approval of the Government under rule 7.6 shall make application in writing accompanies by duplicate copies of the specification; of clear drawings or prints of the producer and of the instructions for working it, and shall state the type o model of the motor vehicle, and the sixe and horse power of the engine, for which; the producer is intended.

7 · 7. Procedure after approval - (1) When the Government approves of any type O model of producer; it shall inform the applicant in writing accordingly and shall intimate the description, name, mark or number under which it may be offered for sale.

7 · 58. Government to satisfy that design; etc. of producers and according to rules - (1) Before according approval to any type or model of producers, the government shall satisfy itself that the design and construction thereof as proposed are in accordance with the provisions of these rules and in particular that: a) The design is reasonably simple and suitable to the type of the vehicle for which it is intended and is such that it can be fitted to the vehicle in a way s0 as: 1. Not to impede the driver's vision and control of the vehicle. ii. Not to endanger the convenience and safety of passenger. iii. To enable the reasonable distribution of the weight of the producer over the chassis; and iv. To enable the fitting in readily accessible place of the filter; coolers, pipes and other parts requiring frequent clearing and attention; The effective capacity of the generator; hopper and filters is sufficient to provide fuel to propel the vehicle for a distance of not less than 80 miles without recharging its hopper or clearing the filters;

7 · 59 Copy of instruction to accompany of sale of Producer: A copy of the instructions for the working of the producer as approved and endorsed under sub-rule (23 of rule 7.65 and bearing upon it the particulars specified in clause (c) of rule 7.62, shall be attached to, or tendered with every producer offered for sale.

7 · 60. Design of producer:- Every producer shall be designed manufactured, fitted and maintained with all reasonable care necessary to prevent damage to the engine of the vehicle to which is fitted and from fire, gas poisoning, and burns and in particulars:

7 · 61. Fixing Of producer:- (1) No part of any producer shall be placed s0 as to reduce the field or vision of the driver by means of the mirror prescribed in rule 7.3 or otherwise, o so as to impede the driver in his control of the vehicle.

2 · In a public service vehicle; a) no part of the producer shall be placed within the passenger' $ compartment; and

7 · 62. Should it not be seat:- (1) On any motor vehicle if any part of the generator is SO placed as to be within a distance of 15 centimeter in a horizontal place from any part of the vehicle, the vehicle shall be insulated

7 · 63. Generator - (1) In the case of a goods vehicle, the generator may be placed at the rear O side of the vehicle, as prescribed for a public service vehicle, or behind the driver' s seat.

7 · 66. Producer to be firmly fixed - Every part of the producer shall be firmly and securely fixed in place, and all valves, joints and hoppers lids or covers shall at all times be maintained in a gas tight condition:

7 · 67. Instructions for driver or person incharge:- No driver or other person incharge of a motor vehicle to which a producer is fitted shall: (a) at any time when there if fire in the generator; cause or allow the vehicle to stop or remain stationary at a distance or not of less than 20 meters from any petrol pump Or place where petrol is supplied in tins;

7 · 69. Any officer authorized by Government in this behalf may time.- (1) Inspect any motor vehicle fitted with a gas producer for the purpose of seeing that the producer is of an approved type and is fitted in accordance with these rules, and that the gas filter and other parts are properly cleaned and maintained; (2) Enter into and inspect any premises where producer gas plants are either manufactured and the materials used in the manufacture thereof are of the approved specifications, and/or that the plant is fitted in accordance with these rules.

7 · 70. All applications in respect of the manufacture and approval of gas producers to be installed in motor vehicle should be made to the secretary to Government in the Transport Department:

7 · 71. No certificate of fitness shall be be issued or renewed or under rule 4.18 in respect of vehicle fitted with a gas plant unless the plant; and the fitting of the plant to the vehicle, have been inspected tested and passed by an officer authorized by Government under rule 7.69 and the certificate has been endorsed by him to this effect

7 · 72. Type of body and Material- (1) (a) The body of every auto Rickshaw shall be either of a station wagon Or a box type or hackney carriage type, as approved by the State Transport Authority, soundly constructed to the satisfaction of the registering authority and shall be securely fastened to the frame of the vehicle. There shall be adequate arrangements for protection of passengers

7 · 73. overhang: The overhang of the body shall not exceed forty one percent of the distance between the plane perpendicular to the axis of the auto rickshaw which passes through the centre of the front wheel and the centre of the rear axle.

7 · 74. Over all width:- 4 passengers auto rickshaw and tempo:- (1) Overall width measured at right angles to the axis of the planes enclosing the extreme points, shall be not more than 176 cm. and not less than 124 cm. (2) 3 passengers auto rickshaw - The overall width measured to right angles to the axis of the planes enclose in the extreme point shall not be more than 158 cm: and less than 122 cm (3) 2 passengers auto rickshaw - The overall width measured at right angles to the axis of the planes enclosing the extreme point shall be not more than 142 cm. and less than 106 cm.

7 · 75. overall height-4 passengers auto rickshaw- (1 The overall height measured from the surface on which auto rickshaw stands shall not exceed 183 cm. and there shall be least 122 cm clear head space between floor board and the roof. (2) 3 passengers and 2 passengers auto rickshaw - The overall height measured from the surface on which auto rickshaw stands shall not exceed 183 cm: and there shall

7 · 76. Road Clearance.- The Road clearance of every auto rickshaw shall not be more than 20 cm and not less than 10 cm 7.77. Clearance of floor board.- (1) 4 passengers auto rickshaw The floor board shall be not less more than 56 cm. above the surface on which the auto rickshaw stands. (2) Passenger: auto rickshaw - The floor board shall be not more than 56 cm: above the surface on which the auto rickshaw stands. 7.78 Lights - Every auto rickshaw and Tempo shall be fitted with the head and tow side white lights on the body in the front. In addition to the front lights, an auto rickshaw shall be fitted with the rear lamp showing to the rear red light visible from a distance 167 metres and illuminating with white light the registration mark exhibited on the rear of the vehicle, so as to render it legible from a distance of 17 metres and also 2 cat'$ reflectors 0 the rear mud-guards, SO as to warn vehicular traffic approaching from behind that there is an auto rickshaw ahead. If no mud-guards, are used, cat's eye reflectors in the rear will be optional: 7.79. Driver' s seat and Cabin.- (1) The back of the driver' s seat should have at least 112 cm. of clearance from the front panel of the body: A wind screen shall be provided for the driver: (2) In case of a tempo type body there shall be a fixed partition of the front seat between the driver's seat and the passenger' $ seats. This will be fixed in such a manner so as to leave not more than 38 cm: of space for the single passenger on the front seat: In between the driver's cabin and the main seating room, there shall be provided a fixed partition of horizontal bars in a manner that no passenger can sit on the partition: 7.80. Gangway:- In every 4 passengers auto rickshaw, the entrance to which is from the front of rear and seats are

1 · Added by G.S.R.21 dated 26.7/1993, published in Raj: Gazette E.O. Part 4(Ga)(I) dated 27.7.1993, (w.e.f. 27.7.1993). 2. Added by Ibid.

7 · 83. Horn.- Every auto rickshaw and tempo shall be fitted with a bulb horn. I[ 7.84. Overall length: In case of Tempo the overall length of the Tempo shall not exceed 420.5 Cms:] 7.85. Colour. The colour of the lower body and front portion excluding the border of wind screen shall be black and the rest portion including the border of wind screen shall be yellow. 7.86. Exemption by State Government: The State government; may in public interest or for sufficient reasons, by notification in the Rajasthan Gazette,

1 · Subs by G.S.R 21 dated 26.7.1993, published in Raj: Gazette E.O Part 4(Ga)(I) dated 27.7.1993(w.e.f.27.7.1993).

8 · 2. Authorities empowered to erect traffic signals - (1) The District Collector and District Magistrate shall be the authority authorized to cause of 'permit traffic signs to be placed or erected in any public place for the purpose of regulating motor vehicle traffic within their respective jurisdictions. (2) Any authority empowered to specify the maximum safe load for bridge O culvert or to close a public road 0 street may also for the purpose of exercising the said power erect the appropriate traffic signs. 8.3. Weighing for vehicles - (1) Any officer referred to in sub-rule (2) may, ifhe has reason to believe that a goods vehicles is being used in contravention of any laden weight restriction imposed by competent authority, require the driver to convey the vehicle to a weighing device, of any within distance of ten kilometer from any point on the forward route or within a distance of twenty kilometer from the destination of the vehicle, for weighing, direct the driver to convey the vehicle to a suitable place to be specified in the notice and he may by order in writing; direct the driver to off load the excess weights at his own risk and no to remove the vehicle from that place until the laden weight axle weight has been reduced so that it complies with such restrictions '[The weighing charges shall be borne by vehicle owner/ in charge] 2[(2) Transport Officer not below the rank of Motor Vehicle Sub-Inspector is authorized to require the weighing of goods vehicles and trailers

1 · Substituted by G.SR 21 dated 26.7.1993, published in Raj: Gazette E.O. Part 4 (Ga) (I) dated 27.7.1993,(w.e.f.27.71993). 2.Subs. By G.S.R 82 dated 29.11.2002, pub. In Raj: Gazette E.O. Part 4 (Ga) (I) dated 29.11.2002.

8 · 5. Officer empowered to demand information: - Police Officers not below the rank of a Sub-inspector are authorized to demand from the owner of a motor vehicle, the driver of which is accused of any offence under the Act all information regarding the name and address of and the license held by the driver which is in his possession or could by reasonable diligence be ascertained by him.

8 · 6. Officers empowered to inspect vehicles involved in accident - Transport Officers not below the rank of an Inspector of Motor Vehicles and Police Officers not below the rank of a Sub-Inspector are authorized to inspect any motor vehicle involved in an accident and for that purpose to enter at any reasonable time any premises where the vehicle may be to remove the vehicle for examination:

8 · 7. Vehicles abandoned on the road-removal and custody - (1) If any motor vehicle is allowed to stand in any place other than a duly appointed parking place in such a way as to cause obstruction to traffic or danger to any person, any Police Officer o any Officer of Motor vehicle department not below the rank of motor vehicle inspector may:

1 · subs.by ibid

8 · 8. Installation and use of Weighing Devices - (1) A weighing device for the purpose of section 114, may be- a weigh-bridge installed and maintained at any place by o under the order of the Govt: or a local Authority O a railway administration;

1 · Ins. by noti No. F7(273) Parilrules/h.q/ 2007, G.s R 92 dated01-02-2008 (pub. in Raj: Gaz. Ex-ord, Part-4(Ga)(I) dated 01-02-2008)

8 · 9. Ghat Roads-restriction on driving with gear disengaged - On any ghat road and elsewhere o any hill, marked by traffic sign, No. C-8 and C-9 of schedule to the Act; no person shall drive any motor vehicle with the engine free, that is to say, with the gear level in neutral, the clutch lever depressed or with any free wheel or other device in operation which frees the engine form the driving wheels and prevents the engine from acting as brake when the vehicle is travelling down o an incline.

8 · 10. Prohibition of mounting or dismounting when vehicle is in motion - (1) No person shall mount o attempt to mount 0, or dismount from any motor vehicle, other than a motor cycle when the motor vehicle is in motion; nor shall the driver O person incharge of such vehicle, permit any person to do so. Prohibition of taking hold of vehicle in motion - No person shall take hold of, and no driver of a motor vehicle shall cause or allow any person to take hold of, any motor vehicle when in motion for the purpose of being towed o drawn upon some other wheeled vehicle or otherwise.

8 · 11. Towing - (1) No vehicle other than mechanically disabled or incompletely assembled motor vehicle, a registered trailer o a side car shall be drawn or towed by any motor vehicle.

2 · Licensed driver to be in drawn vehicle - No motor vehicle shall be drawn or towed by any other motor vehicle unless there is in the drivers, seat of the motor vehicle being drawn or towed a person holding a licence authorizing him to drive the vehicle or unless steering wheel of the motor vehicle being towed is firmly and securely supported clear or the road surface by some crane O other device on the vehicle which is drawing O towing it:

8 · 13. Footpaths, cycle bracks and traffic segregation - Where any road 0r street is provided with footpaths 0r tracks reserved for cycles or specified classes of other traffic, no person shall, save with the sanction of a police Officer in uniform;, drive any motor vehicle Or cause o allow any motor vehicle to be driven on any such footpath o track 8.14. Projection of Loads - (1) Nothing shall be placed O carried upon the outside or the roof of a double decked service vehicles.

8 · 15. Dangerous substances-Restrictions as to carriage 0f.- (1) Except for the fuel and lubricants necessary for the use of the vehicle, no explosive, highly inflammable otherwise dangerous substance, shall be carried on any public service vehicle unless it is so packed that even in the case of an accident to the vehicle it is unlikely to cause damage O injury to the vehicle Or person carried thereon: 2 Authority to remove explosive from vehicle: - If in the opinion of any Transport Officer not below the rank of an Inspector any public service vehicle O any Motor vehicle is at any time loaded in contravention of sub-rule(l) he may order the driver O1 other person in-charge of the vehicle to remove Or repack the explosive or inflammable or otherwise dangerous substance and till such time shall not allow the public service vehcile or the motor vehicle to continue its journey:

8 · 16. Sound signals-restriction on use of.- (1) No driver of a motor vehicle shall sound the horn O other device for giving audible warning, with which the motor vehicle is equipped, or shall cause or allow any other person to do so, to an extent beyond that which is reasonably necessary to ensure safety: (2 Authority to prohibit sound signals - The Transport Commissioner or the District Magistrate may by notification in the Rajasthan Gazette and by the erection in suitable place of traffic sign No M 18 as set forth in Schedule to the Act; prohibit the use of any horn ioning Or other device 0 a motor vehicle for giving audible warning within such locality and during such hours, as may be specified in the notification: Provided that when the Transport Commissioner or the District Magistrate, as the case may be, prohibits the use of any horn, ioning Or other device for giving audible warning during certain specified hours, he shall cause a suitable notice setting forth the hours within which such use is So prohibited to be affixed below the traffic signs 8.17. Cut outs-Prohibition of- No driver of a motor vehicle shall in any public place make use of any cut out or other device by means of which the exhaust gases of the engine are released, save through the silencer: 8.18. Dazzling lights-restriction of.- (1) The driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use SO manipulate them that danger Or undue inconvenience is not caused to any person by dazzle, shall not use the mercury or any bulb which gives dazzling light: The Transport Commissioner or the District Magistrate may by notification in the Rajasthan Gazette and by the erection of suitable notice in English and in Hindi prohibit the use, within such areas 0r in such places, as may be specified in the notification, of direct head lights.

8 · 19. Restriction on Travelling Backwards - No driver of a motor vehicle shall cause the vehicle to travel backwards without first satisfying himself that he will not thereby cause danger o undue inconvenience to any person or any circumstances, save in the case of a road roller; for any greater distance O period of time than may be reasonably necessary in order to time the vehicle round:

8 · 20. Use of lamps when a vehicle is at rest - (1) If within the limits of any Municipality, a motor vehicle is at rest within the hours during which lights are required, at the left hand side of any road o street o elsewhere in any duly appointed parking place, it shall not be necessary for the motor vehicle to exhibit any light save as may be required generally or specifically by the District Magistrate. (2) Outside the limits of any, Municipality if a motor vehicle is at rest within the hours during which lights are required in such a position as not to cause danger Or undue inconvenience to other users of the road; it will not be necessary for the motor vehicle to display any lights.

8 · 21. Visibility of lamps and registration marks - (1) No load 0 other thing shall be placed on any motor vehicle so as at any time to mark O otherwise interrupt vision of any lamp, registration mark O other mark required to be carried by o exhibited on any motor vehicle by Or under the provisions of the Act; unless a duplicate of the lamp o mark so marked or otherwise observed is exhibited in the manner required by or under the Act for the exhibition of the masked or obscured lamp o mark. (2_ Registration and other marks to be kept in clear condition - All registrations and other marks required to be exhibited on a motor vehicle by Or under the provisions of the Act; shall at all times be maintained as far as may be reasonably possible in a clear and legible condition. 8.22. Driving mirror obscuring of- No person driving or incharge a motor vehicle shall

8 · 23. Duty to comply with traffic control signals - (1) Every driver of a motor vehicle shall, when driving the vehicle in a public place comply with any traffic control signal given to him by any police officer in uniform for the time being engaged in the regulation of traffic in such public place. (2 In this rule Traffic Control Signed means traffic control signals as illustrated in Form RS. 8.3. to these rules.

8 · 24. Stop sign on road surface - (1) When any line is painted Or on inlaid into the surface of any road at the approach to a road junction or to a pedestrian crossing or otherwise, no driver shall drive a motor vehicle so that any part thereof projects beyond that line at any time when a signal to stop is being given by a police or Transport Officer o by means of traffic control lights or by a traffic sign:

1 · subs. by: NotiNo. F7(66)pari/rules/hq/94/28-01-2011

9 · 1 Definition. In this chapter unless there is anything repugnant in the subject o the context- (a) "Fund" means the fund established in the manner prescribed in Rule 151 of Central Motor Vehicles Rules, 1989. (b) "Undertaking" means the Rajasthan State Road Transport Corporation. "Corporation' means Rajasthan State Road Transport Corporation established under section 3 of Rajasthan Road Transport Corporation Act: (d) "Year" means the financial year: 9. Establishment of Fund - The Corporation Shall establish a fund in the manner as required by Rule 151 and 152 of the Central Motor Vehicles Rules, 1989 to meet any liability arising out of the use of any vehicle of the undertaking which the undertaking O any person in the employment of the undertaking may incur to Third Parties. 93 Withdrawal Use of Fund.- The fund shall be withdrawn in accordance with the rule 157 of the Central Motor Vehicle Rules 1989 and shall be used generally for the meeting o Third Party Liabilities in respect of- (a) All Claims including the claimanant's cost and expenses for which the Corporation shall become legally liable to pay, lodged against the Corporation in respect of: (1). death or bodily injury to any person Or passenger caused by or arising out the use including the loading and/or unloading of the motor vehicles; (ii). damage to property caused by the (including the loading and or unloading) of the Motor Vehicles; (iii). any liability arising under the provisions of the Workman's Compensation Act 1923, in respect of the death of, or bodily injury to, any paid employee engaged in driving O otherwise in attendance or being carried in a Motor Vehicle; (iv). Payment of medical expenses in respect of treatment of bodily injury to any paid employee engaged in driving or otherwise in attendance or being carried in a motor vehicle; Damage to property belonging to or held in trust; Or in the custody O control of the corporation or any employee of the corporation or being conveyed by a Motor Vehicle. (b)but shall not be used to meet:- liability in respect of death, injury or damage caused or arising out (sic) in connection with the bringing of the load to the Motor Vehicles for loading thereon or the taking away of the load from the motor vehicles after unloading therefrom;

9 · 7 Budget provision. The cost on account of any compensation awarded by the authorities prescribed in these Rules, shall be met out of the Fund for which provision shall be made in the budget of Undertaking: 9.8 Mode of payment a) The Assistant Regional Manager of the Region concerned or the General Manager shall draw the amount of compensation from the State Bank of Bikaner and Jaipur quoting the number and date of the order of sanction for payment on the Contingent Bill Form attaching there to an attested copy of the sanction. b) The payment of the compensation shall be made through the District Magistrate of the District in which the claimant resides and the District Magistrate making such payment shall obtain a receipt in full satisfaction of his claim 9.9 Debiting of expenditure:- (a) All reasonable expenditures including legal fees and other allied expenses incurred on any or all of the purposes mentioned in Rule 9.3 about shall be debited to this Fund. (b)All legal and medical expenses etc. shall be incurred by the various authorities as under: - (1)_ Upto Rs. 50/- by the Assistant Regional Manager; (ii). Rs. 51/- to Rs.1OO/- by the General Manager; (iii). Rs. 101/- and above but not exceeding Rs. 500/- by the Chairman of the Corporation, (iv)_ Rs. 500/- and above by the Corporation with the sanction of the Government; Provided, however; that any amount incurred for immediate first-aid and other medical facilities etc. to any person involved in the accident; shall be reimbursed to the Undertaking from out of the compensation sanctioned to the party concerned 9.10Investment - The Funds shall be invested in the manner prescribed in Rule 153 of the Central Motor Vehicles Rules, 1989. 9.11Security held as a deposit in the fund - The security as deposit in the fund in the manner prescribed in Rule 154 of Central Motor Vehicles Rules, 1989. 9.12Deposit procedure:- For this procedure rule 155 of the Central Motor Vehicles Rules, 1989 shall apply: 9.13Interest Deposit - Interest realized on each deposit O the security held in the fund shall be paid by the Bank to the authority. 9.14Operation of the fund - The fund shall be opened separately and the separate account shall be maintained in the Banks of the Undertaking:

9 · 15Audit of the fund - The audit of the account of the fund shall be made in the same manner aS that of the other account of the undertaking except that yearly audited statement showing- (a) the position of the fund at the beginning of the year: (b)the contributions received by it during the year; the claims paid out of it during the year and the position of the fund at the end/and; the position of the investment of fund at the end of the year shall be furnished to the Corporation in the Form R.S. 9.3. 9.16The decision of the Government shall be final in all matters connected with the fund. 9.17The Government shall be competent to modify to make additions in these Rules and to frame any supplementary rules, fund necessary for working of the Fund from time to time

10 · 1. Definitions - In this chapter unless there is anything repugnant in the subject or the context- a) "Claims Tribunal means a Motor Accident' s Claims Tribunal constituted under Section 165 of the Act, (b) 'Legal Representatives" shall meaning assigned it under clause (11) of Section 6 of the Code of Civil procedure, 1908 (Central Act 5 of 1908). 10.2. Application for Compensation arising out of an accident:- Any application for the compensation arising out of the accident of the nature specified under this Act shall be made to the Claims Tribunal, having jurisdiction over the area in which the accident occurred, which shall be in Form R.S. 10.1 and shall contain the particulars specified in that form: (2) Every such application shall be sent to the Claims Tribunal or the Chairman, in case the Tribunal consists of more than one member by registered post or may be presented to such Claims Tribunal shall, unless the Claims Tribunal Or the Chairman otherwise directs, be made induplicate and shall be signed by the applicant: (3) There shall be appended to every such application, the following documents, namely: -

10 · 4. Production of Passport Size photograph by applicant - Notwithstanding anything contained in rule 10.2. Or rule 10.3, the claims Tribunal may require the applicant to produce a passport size photograph, which shall be attested by and advocate. The photograph shall either be affixed to the fastened to the original application. 10.5. Fees- (1) Every application made under these rules for payment of compensation shall be accompanied by a fee of Rs 10/- in the form of Court Fee Stamps. (2) The Claims Tribunal may in its discretion exempt a party from the payment of fee prescribed under sub-rule (1): Provided that where a claim of a party has been accepted by the Claims Tribunal, the party shall have to pay the prescribed fee exemption in respect of which has been granted initially before a copy of the judgment is obtained. 10.6. Examinations of applicant - On receipt of an application under rule 10.2/10.3, the Claims Tribunal may examine the applicant on oath; and the substance of such examination; if any shall be reduced to writing and shall be signed by the Member constituting the Claims Tribunal or as the case may be, the chairman.

10 · 7 Summary Disposal of Application - The Claims Tribunal may, after considering the application and the statement;, if any, of the applicant recorded under rule dismiss, the application summarily, if for reasons to be recorded in writing, the Claims Tribunal is of and opinion that there are no sufficient grounds for proceeding therewith: Provided that the Claims Tribunal shall not reject the application made for compensation under Section 140 of the Act; o the grounds of any technical defeats, but shall give notice to the applicant and get the defects rectified. 10.8. Notice to the Parties involved:- (1) If the application is not dismissed under rule 10.7, the Claims Tribunal shall send to the owner or the driver of the vehicle or both from whom the applicant claims relief and the insurer; a copy of the application, together with the notice of the date 0 which it will dispose off the application, and may call upon the parties to produce o that date any evidence which they may wish to tender: (2) Where the applicant makes a claim for compensation under Section 140 of the Act, the Claims Tribunal shall give notice to the owner and insurer; of any, of the vehicle involved in the accident directing them to appear o the

10 · 18. Fees for process. The fees to be taken for any process issued by the Claims Tribunal, shall be in the scale as may be determined by the Tribunal from time to time, but shall not exceed these taken for a similar process by the Rajasthan District Courts. No fee shall be charged for the process of application for compensation made under section 140. 10.19. Method of Recording Evidence.- The Claims Tribunal shall, as examination of witnesses proceeds, make a brief memorandum of a substance of the evidence of each witness and such memorandum shall be written and signed by the members of Claims Tribunal and shall form part of the record: Provided that ,if the member or the Chairman of the Claims Tribunal is prevented from making such memorandum to be made he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record:

10 · 25. Procedure of disbursement of compensation under section 140.- to the Legal heirs in case 0f Death:- Where the Claims Tribunal feels that the actual amount to the claimant is likely to take time because of the identification and the fixation of the legal heirs of the deceased, the Claims Tribunal may call for the amount of compensation awarded to be deposited with the Claims Tribunal and then proceed with the identification of the legal heirs for deciding the payment compensation to each of the legal heirs. 10.26. Receipt for Compensation.- Upon payment of compensation, a receipt shall be obtained by the Claims Tribunal and such receipt shall be forwarded to the Insurer concerned or as the case may be, the owner of the vehicles, for purpose of record. 10.27. Power vested in Civil Court which may be exercised by Claims Tribunal:- (1) Without prejudice to the provisions of section 169,- a) Every Claims Tribunal, may exercise all or any of the powers vested in a Civil Court under the following provisions of the Code of Civil Procedure, 1908, in SO far as they may be applicable, namely: - Sections 30, 32, 34, 35, 35(a) & (c); 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152 & 153.

10 · 29. Savings - Notwithstanding anything contained in these rules, in the case of minor accidents and in the case of a claim under Section 140, the Claims Tribunal may follow such summary procedure as it thinks fit. 10.30. Registrar- The State Government may appoint a registrar of the Claims Tribunal, who shall be the Chief Ministerial Officer of the Tribunal and shall exercise such powers and discharge such duties of a ministerial nature as a member of the Tribunal or where the Tribunal consists of more than one member, the Chairman of the Tribunal may, from time to time by order direct 1031. Form of Appeal and Contents of Memorandum - (1) Every Appeal against the award of the Claims Tribunal shall be preferred in the form of a memorandum signed by the appellant or an Advocate or Attorney of the High Court duly authorized in that behalf by the applicant and presented to the High Court o to such officer as it appoints in this behalf This memorandum shall be accompanied by a copy of the award The memorandum shall set forth concisely and under distinct heads the grounds of objection to the award appealed from without any argument O narrative, and such grounds shall be numbered consecutively. (3) Save as provided in sub-rule (1) and (2) the provisions of Order XXI and Order XLI in the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) shall mutatis mutandis apply to appeals preferred to High Court under Section 173.

10 · 32 Record - The record of claims cases disposed off by the Claims Tribunal shall be preserved for a period of five years: Provided further that ,in cases where any award of compensation is made and the claimant does not come forward within a year of passing the award, the records shall be preserved for five years only form the date of the award and the unclaimed amount shall be transferred to the treasury. investment in favor of

11 · 1 Officers empowered to recover penalty for causing obstruction to free flow of traffic - Transport Officers not below the rank of ![Sub-Inspector of Motor Vehicles] and Police Officer not below the rank of Inspector are authorized to recover the penalty under section 201 of the Act.

12 · 3. Jurisdiction of officers of the Transport Department:- The Transport Commissioner, Deputy Transport Commissioner and Assistant Transport Commissioner shall exercise the jurisdiction over the entire State of Rajasthan and the remaining officers shall exercise jurisdiction within the region Or district to which they are posted; Provided that the Motor Vehicles Inspector or the Motor Vehicles Sub- Inspector posted to the office of the Transport Commissioner and any other Motor Vehicles Inspector or Motor Vehicles Sub-Inspector when accompanying the Transport Commissioner, Deputy Transport Commissioner, or the Assistant Transport Commissioner; or when they are specially directed in writing by the Transport Commissioner shall exercise the jurisdiction throughout the State.

12 · 4. Performance of Functions of Officer under the Act and the rules made thereunder.- Notwithstanding anything contained in these rules: (a) the Transport Commissioner; or Deputy Transport Commissioner 2[or Assistant Transport Commissioner] may at any time perform any of the functions of a Regional Transport Officer Or District Transport Officer of Motor Vehicles Inspector Or, Motor Vehicles Sub-Inspector, under these rules; (b)the Regional Transport Officer may at any time perform any of the functions of District Transport Officer Motor Vehicles Inspector or Motor Vehicles Sub- Inspector under these rules; The District Transport Officer may at any time perform any of the functions of Motor Vehicles Inspector or Motor Vehicles Sub-Inspector, under these rules; (d)A Motor vehicles Inspector may at any time perform any of the functions of Motor Vehicles Sub-Inspector; if so required by a Regional Transport Officer; under these rules,

1 · . Ins. by No. F(229)/Pari/Rules/HQ/2003/541 dated 25-08-2010 2- Ins. by G.SR 39, dated 26-07-1995(Pub. in Raj: Gaz. Ex. ord Pt-4 (Ga)(I) dated 26-07-1995) 3 . Subs. By G.S.R 56 daed 15-02-2005 (Pu: in Raj Gaz: Exrd. Pt- 4(Ga)(I) dated 15-02-2005)(w.e f 15- 02-2005)

12 · 10. Order for inspection:- Every order for inspection of record shall be sent to the inspection clerk and will entitle the person or persons named in such order but no any other person O persons to inspect the record specified in the order o the date and named in the order; but o no other date. If no inspection is made o the date fixed, the application and stamp paper shall be filed with file of the record and shall not entitle the applicant to inspect on any other date: 12.11. Inspection of record by the legal practitioner's clerks forbidden:- Inspection of record by legal practitioner's clerk is not permitted. The recognized clerk may be permitted to assist the legal practitioner in his inspection: Such clerk must; however; withdraw from the place of inspection as soon as the legal practitioner ceases inspecting: 12.12. Duty of Inspection clerk - (1) The inspection clerk shall keep an inspection register in the prescribed form (12.3.) 2 The inspection clerk shall on the day of inspection should immediately after the inspection has begun make an order on memorandum showing the date o which the order has been compiled with and shall on the same day return the record to the official from whom he received. (3) The inspection shall be made in the presence of the inspection clerk, who before returning the file shall examine the record and shall satisfy himself that all the papers in the record are as they were before the inspection: 12.13. Use of Pen and Ink during the inspection prohibited - No person inspecting a record shall be allowed to bring into the room in which inspection is made any Pen or Ink not use any Pen and Ink nor shall he be allowed to make any mark upon or any respect to mutilate any record or paper which is being inspected.

12 · 35. Copies Prohibited - Except for special reasons to be noted by the Head of the Office upon the back of the application, no copy shall be granted (1) of official correspondence and reports and (2) of a document which is itself a copy and (3 Registration Certificate, Fitness Certificate, License for driving motor vehicle, Conductor License, any other License issued under the Central Motor Vehicles Rules, 1989 and these rules and Trade Certificates. 12.36. copy of a copy may only be granted if the original document is not traceable, - A copy of a copy may only be granted if the original document is not traceable, Or is not accessible to the applicant for the purpose of obtaining a copy. Each page of such copy shall bear in red ink, the remarks that it is a copy ofa copy. 12.37. Difficulty to be referred to the Presiding Officer:- In case difficulty arises in complying with an order for a copy, the application and order together with an office report shall be forthwith laid before the Head of Office for orders. 12.38. Repeals and Savings - (1) On commencement of these rules, the Rajasthan Motor Vehicles Rules 1951, The Rajasthan licensing Agent engaged in the business of collecting, forwarding and distributing Goods carried by Public Carrier Rules,1977, Rajasthan State Road Transport Services (Development) Rules,1965, Rajasthan State Road Transport Corporation, Motor Vehicle Third Party Liability Insurance Funds Rules, 1967, The Rajasthan Motor Accidents Claims Tribunal Rules, 1964, in force in any part of the State immediately before the commencement of these rules shall stand repealed. 2) Notwithstanding the repeal by sub-section (1) of the Repealed Rules, any notification regulations order of notice issued or any appointment of declaration made of exemption granted 0r any penalty o fine imposed, any forfeiture cancellation of any other thing done o any other action taken under the Repealed rules and in force immediately before such commencement shall so far as it is not inconsistent with the provisions of the Motor Vehicles Act; 1988, Central Motor Vehicles Rules, 1989 and under these rules be deemed to have been issued made granted done O taken under the corresponding provisions of these rules:

1 · Ins. by Noti No. F7(4) Pari/Rules/Hq/ 92 dated 20-06-2005 (Pub. in Raj. Gaz. Ex-ord. Pt. 4(Ga)(I) dated 20-06-2005) 2 - Ins. by Noti. No. F7(38)parilrules/Hq/2011/14964 date 02-08-2016