HARYANA GOVERNMENT TRANSPORT DEPARTMENT Notification The 11th March, 2010. No.S.O. 46/C.A.59/1988/S.99/2010.- Whereas, the Haryana Roadways, a Haryana State Transport Undertaking is providing transport services on all the inter-state and inter-state routes except certain routes on link roads in Haryana allotted to the unemployed youth through their co-operative transport societies under the Scheme 1993 and Scheme 2001, and that the need for passenger transportation has been increasing constantly which is resulting into proliferation of unauthorized operation of traffic in the State; therefore, in order to bridge the gap between demand and supply of transport services, the Governor of Haryana is of the opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary and in the public interest that passenger roads transport services in general should continue to be run and operated by the State Transport Undertaking, namely Haryana Roadways to the complete exclusion of other persons except on routes specified under this scheme and those routes situated on link roads and allotted to private Transport Co-operative Societies of unemployed youth under the Scheme 1993 and Scheme 2001. Now, therefore, in exercise of the powers conferred by sub section (i) of section 99 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), and in supersession of Haryana Government, Transport Department, notification No. S.O. 90/C.A. 59 /88/S.100/93, dated the 3rd November, 1993 and notification No. SO 422/AT1/CA 59/1988/S (3)/100, dated the 19th January, 2001, the Governor of Haryana hereby formulates a proposal regarding the following policy and publishes it in the Official Gazette for information of persons likely to be affected thereby. It is further notified that this policy will be taken into consideration after the expiry of a period of thirty days from the date of publication of this notification in the Official Gazette together with any objections/suggestions which may be filed by any person affected by the policy/proposed routes, permits and other related matters herein published before the Financial Commissioner and Principal Secretary to Government Haryana, Transport Department, Chandigarh within the aforesaid period of thirty days. 2 POLICY AT A GLANCE ROUTES: Number of existing operational routes in 1993 Scheme. = 644 Existing operational routes in 2001 Bid Money = 47 Scheme. New proposed routes. = 860 Total number of routes. = 1551 PERMITS : Number of existing permits in 1993 Scheme. = 923 Nos. Number of permits in 2001 scheme = 62 New permits proposed. = 1714 Total number of permits. = 2699 *** 3 HARYANA TRANSPORT POLICY-2010 Objective : All the routes in the State were nationalized in the year 1970. Haryana Roadways was the sole operator for providing passenger transport to the public of the State till the year 1993. For the first time, the State Government introduced a private bus service scheme with a view to augment passenger transport facility and also to provide employment to the unemployed youths of the State in the year 1993. Thereafter, another private bus service scheme was introduced in the year 2001 known as Bid Money Scheme. However, the Hon’ble Punjab & Haryana High Court struck down the Bid Money Scheme vide judgement dated 2.12.2008 in CWP No. 17112/2002. Bid Money Scheme allottees cannot be given preference because they got their routes on the basis of maximum financial bid and this principle of allotment on the basis of financial bidding has been struck down by the Hon’ble High Court and the Bid Money Scheme itself has been rendered null and ‘bad in law’. A person who was an allottee of a ‘bad in law’ scheme cannot be given any preferential treatment. Any such move would be against the spirit and letter of the Hon’ble High Court order dated 2.12.2008. The population of the State has increased by almost 20% since the introduction of the private bus scheme in the year 1993. There has also been a numerical growth and geographical dispersal of new institutions and centres of economic, social and educational importance e.g. engineering colleges, new agriculture marketing centres. These developments led to not only an increase in the demand for public transport but also for many new routes to ensure easy connectivity. However, the fleet strength of Haryana Roadways has not increased proportionately to fully meet with the growing passenger demand. Therefore, in order to provide an efficient, adequate, economical, properly coordinated reliable and safe transport to the public specially in the rural area, the State Government proposes to introduce Haryana Transport Policy, 2010 which shall aim at meeting the large growth and the increased diversity in the demand for public 4 transportation. Therefore, it is proposed to offer 1714 new permits and 860 new routes to private operators under the policy. The Policy aims at providing reliable and cost effective passenger transport facility to the consumer in rural areas including the interior small and big urban centers and semi-urbanized areas. It is likely to provide direct/indirect employment to about 6000 people. The detail of routes/permits being offered district wise is given in the Annexure-A and B. DRAFT POLICY 1. Short title and commencement.- (i) This Scheme may be called the Haryana Transport Policy, 2010. (ii) It shall come into force from the date of its publication in the Official Gazette. 2. Types of permits, routes and eligibility conditions.- (i) Stage carriage permits for the routes given in Annexures A and B for allotment to private operators shall be offered to private operators (hereinafter referred) under the Motor Vehicles Act, 1988 (Central Act 59 of 1988), in accordance with the provisions of this policy. (ii) The State Transport Authority may, at any time keeping in view the traffic demand and other relevant features, increase the number of permits on any particular route of this policy. The increased number of permits shall be allotted by inviting applications in accordance with the provisions of this policy. 3. Modification of route- Once the policy is finally notified after following due process, no request for any modification, variation, curtailment, alteration, extension etc. of any route/permit shall be entertained. Provided that limited modification, variation, curtailment, alternation of routes may be allowed to provide transport services only on a new road linking, a village or a town in public interest in accordance with the provisions of the Motor Vehicle Act, 1988: Provided further that if a route becomes non-motorable, the permit holder can, on application, be given permission to ply his bus on an alternate route as far as possible overlapping the original route 5 or another route of the Scheme temporarily and shall provide service on the original route as soon as the original route becomes motorable. The Secretary, Regional Transport Authority concerned shall be the competent authority to certify whether a road in his area of jurisdiction is motorable or not, he shall, however, consult the department/agency engaged in road construction. Explanation. - A new road is a road constructed or made motorable after the notification of the policy in the Official Gazette and not covered by any other route in the policy. 4. Guidelines for operations of Haryana Roadways with reference to privatized routes.- The State-Transport Undertaking namely the Haryana Roadways shall operate its services complete or partial to the extent as under:- (i) All inter-State routes shall be operated by Haryana Roadways as per provisions of inter-State agreements; (ii) The routes as shown in Annexures A and B shall be operated/run and offered for allotment to private operators as per provisions of this policy. In case any route falls vacant finally or partially due to violation of agreed terms and conditions by a private operator and consequent cancellation of permits or any other reason which puts the travelling public to inconvenience, the Haryana Roadways shall provide bus service on the relevant route till regular arrangement is made. In case route is rendered vacant due to wilful fault of the private operator and Haryana Roadways has to deploy its services on that route as per provisions of this clause, Secretary, Regional Transport Authority, after due enquiry in this regard and after giving opportunity of hearing to concerned parties, direct the private operator to compensate Haryana Roadways, if such compensation is verified; (iii) All other remaining routes not covered under Annexure A and B shall be operated by Haryana Roadways. 5. Fare structure and liability for payment of permit fee, permit transfer fee and taxes etc.- (i) The fare structure shall be applicable as directed by the State Transport Authority for stage carriages from time to time by way of Gazette notification. 6 (ii) Permit fee, permit transfer fee and passenger tax at the rates notified by the State Government from time to time, shall be payable on lump-sum basis by the permit-holders which at the time of commencement of this policy, shall be as under :- Sr. Description Monthly Permit Fee Permit No. of route Passenger Tax ( for 5 years) Transfer Fee (Lump sum) (Rs.) (Rs.) (i) Routes in Rs. 20,000/- 50,000/- 2 lacs Annexure A (Full Body Bus) (ii) Routes in Rs. 10,000/- 30,000/- 1.5 lacs Annexure B (Mini Bus) (iii) In addition to the passenger tax, road tax, permit fees, adda fee or any other taxes or fees imposed by the State Government at the time of allotment of permits or later, shall also be payable at the rates applicable from time to time: Provided that an operator who is a permit holder for a route covered in the Annexure A decide to ply a mini bus on that route, he shall be liable to pay fee/dues as applicable to the full body buses.