Fleet Taxi Service Scheme, 2006

Fleet Taxi Service Scheme, 2006

1.     Short title, commencement and application :-

(a) This scheme may be called FLEET TAXI SERVICE SCHEME, 2006

(b)It shall come into force on the 1^st day of April 2006

(c) All motor cabs in the city of Mumbai, to which contract carriage permit have been issued under section 74 of the act, can avail of this.

2.     Definitions – In this section unless the context otherwise requires : -

(a) “Act” means Motor Vehicles Act, 1988 (59 of 1988)

(b)“Form” means a form appended to this scheme

(c) “Licence” means a licence granted or renewed to operate the fleet of Motor Cabs of the permit holders who are affiliate with this scheme.

(d)            “Licensing Authority” means the State Transport Authority constituted under sub. Section (1) of section 68 of the Act.

(e) “Operator” means the company who operates the scheme of fleet taxi service

(f)  “Permit Holder” means the person in whose name the permit is granted under section 74 of the Motor Vehicles Act, 1988.

3.     Licensing of operator: - No person shall engage himself in the business of Fleet Taxi Service under this scheme without a valid licence.

4.     Application for grant or renewal of a licence : -An application for grant of licence shall be made in Form 1 to the Licensing Authority, and shall be accompanied  by a fee of Rs.1,00,000 (Rupees one lakh).

5.     Scrutiny of application :- A licensing authority shall before granting or renewing a licence take into consideration the following namely :-

a)    That operator has a good moral character.

b)    That the operator has necessary facilities for parking (other than existing taxi stands), maintenance and repair of the vehicles affiliated to the scheme.

c)     That the financial resources of the applicant are sufficient to provide for the continued maintenance of the scheme.

d)   That the operator shall have access to a GPS / GPRS system.

e)    That the operator should operate motor cabs not less than 500 and not more than 10,000 fitted with electronic meters having printer facility. Also such motor cabs should be air-conditioned and covered with comprehensive Insurance, Fitness Certificate, and Motor Vehicles Tax, paid up to date.

f)      That the operator shall produce a performance guarantee in the form of bank guarantee of Rs. Ten lakhs.

g)    Companies registered under the Companies Act, 1956 and partnership firms are only eligible to apply under the Scheme. Individuals are debarred from making the applications under this scheme.

h)   Have 24 hrs. inquiry and complaint counter accessible by communication facility like Telephone, E-Mail, etc. and keep record for receipt and complaints and clarification it should also product before Licensing Authority for inspection whenever demanded.

i)      That the operator shall have a minimum net worth equivalent to Indian Rupees 10 (Ten) crores (Bank Solvency Certificate to be produced).

j)      Letter of Interest will be first issued and after completion of 500 agreements licence will be issued.

6)        Grant of Licence: - The licensing authority may, on receipt of an application under paragraph 4 and after satisfying itself that, the applicant has complied with the requirements of paragraph 5, issue sanction letter if it satisfies that, the applicant is having consent letters from minimum 100 permit holder and agreed to complete the minimum quota of 500 within 180 days in the lots of 50 at a time and then grant or renew the licence in Form 2.

                        Provided further that the period can be further extended upto 180 days by the State Transport Authority. Provided further that no application for a licence shall be refused by the licensing authority unless that applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority.

7)        Duration of licence :- A licence granted under paragraph 6 shall be valid in perpetuating provided that it can be revoked of the operator violates any of the condition of the licence and/or if this scheme.

8)        General condition to be observed by the holder of the licence:-

            The holder of a license shall,

(a) Have expertise human resource in transport sector for managing the scheme.

(b)Provide training facility to the drivers regarding defensive driving, technical expertise and courtesy and behavior to treat passenger “Atithi Devobhava” to promote tourism, as per the syllabus and for the period specified by the Transport Commissioner.  Frequency for the refresher course may also be specified by the Transport Commissioner.

(c) Should complete the training of first phase of driver within 3 months from the commencement of the scheme. However, no untrained driver should be allowed to drive cab, cover with the scheme after completion of the above period.

(d)            Allow Permit holder for giving first choice to drive vehicles in atleast one shift.

(e) Provide the service for round the clock.

(f)  Provide for annual medical check up of its drivers.

(g) Type of vehicles: only those make and model of vehicles shall be permitted to be granted under the scheme as an approved by S.T.A.

(h)            Not have any claim on the permit and will not allow to transfer the permit without consent of the permit holder.

(i)   Sign an agreement of utilizing the permit for, minimum period of 5 years.

(j)   Licensee shall be responsible for proper maintenance of taxis including all electronic equipments in the taxi and periodical check up of the same to ascertain accuracy of caliberation.

(k)Pay various taxes including income tax, professional tax, service tax (if applicable) and produce the proof of the said, whenever demanded by the authority.

(l)   Paint the motor cabs with the colour scheme approved by the State Transport Authority.

(m)         Use the Traffic as approved by the S.T.A.

(n)            The area of operation of the Motor cabs covered under the scheme shall be the whole of Greater Mumbai with extention upto Municipal Corporation Areas of Navi Mumbai, Thane, Mira Bhayander, Dombivali, Kalyan and Ulhasnagar with the connecting rural areas if any.

(o)Disposed off/scraped the existing motor cab in such a way that its reuse as motor cab is not feasible.

9. Duties and responsibilities of Permit holder of motor cabs:-

The permit holder shall,

Sign the agreement with the operator as required by State Transport Authority

Remain present at the time of Registration and / or Replacement of the cab and at the time of renewal of certificate of fitness as well as permit renewal.

Not be allowed to move out from the agreement, unless the agreement period is completed, except as mutually agreed between Licensee and Permit Holder.

10. Power of licensing authority to suspend or cancel the licence:-

Officer of and above the rank of Inspector of Motor Vehicles will have right to visit the business place of operator and carry out the inquiry, whatever be necessary.

(1)                        If the Licensing authority is satisfied after giving the holder of the licence an opportunity of being heard, that he has-

a.      Failed to comply with the provisions of paragraph 8: or

b.     Failed to maintain the motor cab in compliance with the provisions of the Act and rules;

Or

c.      Serious complaint against the operator by any permit holder / passenger / any authority has been proved beyond reasonable doubt;

        i.            Suspend the licence for a specified period ; or

     ii.            Cancel the licence

2. Where the licence is liable to be cancelled or suspended and the licensing authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient to cancel or suspend the licence, if the holder of the licence agree to pay the fine, that may be imposed by the licensing authority, then

Notwithstanding anything contained in clause (1), the licensing authority may, instead of cancelling or suspending the licence, as the case may be, recover from the holder of the licence, the said fine.

Provided that above fine should not be less than Rs. 1,000/- and should not exceed Rs. 10,000/0.

3. For the purpose of recovery of the sum of money agreed upon, the State Trasnport Authority may, specify the amount recoverable for each day of suspension and the amount recoverable in lieu of cancellation of the licence and specify the time within which the sum of money ahreed upon is payable failing which the orders passed under clause (1) shall be implemented.

4. When the licence is suspended or cancelled under clause (1), the holder of the licence shall surrender the licence to the licensing authority.

11. Voluntary surrender of the licence :- The holder of a licence may at any time surrender the licence issued to him to his licensing authority which granted the licence and on such surrender, the licensing authority shall cancel the licence subject to forfeiture of performance guarantee. The holder of the licence before surrendering the licence shall clear the dues referred to in clause (2) of paragraph 10.