CHANDIGARH ADMINISTRATION HOME DEPARTMENT NOTIFICATION The March, 2008. No.HIII(7)-2008/ In view of the rapid economic development of the country, to encourage the long distance Inter-State transport of passenger and goods between the Union Territory, Chandigarh and Punjab and to regulate , coordinate and control their operation, it is necessary to make a reciprocal agreement between the two States/UT. The Administrator, Union Territory, Chandigarh , proposes to make the following draft Reciprocal Transport Agreement between the Union Territory, Chandigarh Administration and Government of Punjab. Notice is hereby given that the draft agreement will be taken into consideration by the Chandigarh Administration on or after the expiry of period of 30 days from the date of publication of this notification in the Chandigarh Administration Gazette, together with any objection or suggestion, which may be received by the Home Secretary-cum-Secretary Transport, Chandigarh Administration, from any person before the expiry of the period so specified with respect to the said draft, namely:- DRAFT RECIPROCAL TRANSPORT AGREEMENT BETWEEN THE UNION TERRITORY, CHANDIGARH ADMINISTRATION AND GOVERNMENT OF PUNJAB. This agreement made this --------------- day --------------- of 2008 between the Administrator of Union Territory, Chandigarh (hereinafter referred to as the U.T., Chandigarh which expression shall include his successor in office) of the one part and the Governor of Punjab (hereinafter referred to as the Government of Punjab which expression shall include his successor in office) of the second part. WHEREAS, it is expedient in view of the rapid economic development of the country, to encourage the long distance Inter-State transport of passenger and goods between the U.T., Chandigarh and Punjab and to regulate, coordinate and control their operation, it is necessary to make a reciprocal agreement between the two States/ U.T. AND WHEREAS the parties hereto desire that in suppression of all previous agreements on the subject entered into between them an agreement on the terms and conditions sent out hereinafter may be made between them: NOW THIS DEED WITNESSES and the parties hereby mutually agree as follows: - 1. This agreement shall come into force on and from the date of its final publication in the official Gazette of respective States. 2. The word State and Union Territory (UT) shall mean the State of Punjab and Union Territory, Chandigarh respectively. 3. Goods Carriage Permits: Created with novaPDF Printer (www.novaPDF.com). Please register to remove this message. (i) Goods Carriage (Non-Temporary )Permits. The permits for goods carriage without restriction on their number belonging to each state/UT shall be countersigned by the Transport Authorities of the other State/UT on the recommendation of the Transport Authorities concerned. The permits countersigned prior to this agreement shall be valid till their validity. (ii) Goods Carriage (Temporary) Permits. Temporary Permits valid for a period not exceeding thirty days may be issued by the Transport Authority of one State/UT without prior concurrence of the Transport Authority of the other State/UT and without restriction on their number. The vehicles covered by these permits will not pick up and set down goods between any two points within the territory of the other State/UT. There will be no restriction on the number of trips that may be performed by these vehicles during the currency of the permit. 4. Contract Carriage Permits:- (i) Motor Cabs/ Tourist Taxi (Non - Temporary) Permits. No non –temporary contract carriage permits for motor cabs /taxies will be countersigned by either state/UT except for the Air conditioned cabs /taxies to be plied in Chandigarh and Mohali town which will be countersigned by the transport Authorities of respective states. The number of permits for Air Conditioned Cabs/taxis to be plied in Chandigarh and Mohali town will be issued/countersigned in equal number by both the States. The number of such permits shall be decided by the Secretaries, Transport of the two States/UTs from time to time. No tax/fee/duty etc. shall be charged by the other state/UT from such vehicles. To maintain the level of service, the permits of only those vehicles, which are not more than five years old shall be countersigned .However, permits countersigned prior to this agreement shall be valid till their validity. (ii) CONTRACT CARRIAGE (Temporary Permits) Under- Section 88(8) of the Motor Vehicle Act. These permits may be issued by the Transport Authorities of each State/UT without prior concurrence of the Transport Authorities of the other State/UT, according to the need of the tourists. The permit shall contain the detailed programme of the tour, showing the dates of onward and return journeys, the order in which the various places shall be visited alongwith and indication of the appropriate date of the arrival and the departure from each such place. The permit shall also contain list of passengers traveling in the vehicle. 5. Stage Carriage Permits :- (i) Reciprocal agreement with regard to operations of stage carriage on inter- state routes between U.T. Chandigarh and Punjab shall be as per Annexure “A,B,C&D”. The routes mentioned in Annexure “A,B,C&D” shall always mean the shortest direct route connecting the two terminals lying in the two States through the places mentioned therein. Any discrepancy discovered later in the name or Created with novaPDF Printer (www.novaPDF.com). Please register to remove this message. length of route shown in the said Annexure shall promptly be corrected through correspondence between the reciprocating States/UT and shall not be treated as any modification of the agreement. The Air Conditioned and non Air Conditioned buses owned and operated by the STU’s of both the states/UT shall only be allowed under this agreement provided that the non A.C buses of the private operators having permit issued before 1-11-1966 may be allowed after verification of the original permits and counter signature of the permits by the reciprocating states and further that only Integral A.C buses of the private operators may be plied as per the agreement. Route permits of the A.C. Integral buses of private operators will not be extended beyond Chandigarh except in the Punjab Area. (ii) No bus of Punjab will ply on the local routes in U.T Chandigarh. (iii) No bus of Punjab plying on inter –state route will pick up or drop passengers in the area of U.T. Chandigarh except at the ISBT notified by Chandigarh Administration. (iv) The time table for stage carriages shall be fixed by the concerned Regional Transport Authority/State Transport Authority of the two states/UT after mutual consultations. In case of buses originating from Chandigarh timetable will be fixed by STA, Chandigarh and in the cases of buses originating from Punjab the respective RTA will fix the timetable. The staff of STUs of each State/UT shall follow the time table and allow the facility of counters at the bus stands/stops as approved by the respective States. (v) Passenger fares shall be charged according to the rates fixed by the respective states for the portion lying in the State. (vi) The stage carriage permits of both the States falling under reciprocal agreement shall be countersigned, as per and subject to compliance with the as per the provisions of Motor Vehicles Act/Rules. (vii) If for any reason, it has not been possible to decide an application for renewal of the permit before its expiry, the Home State may issue temporary permits under section 87(1)(d) of the Motor Vehicle Act 1988 for a period upto four months under intimation to the reciprocating State and such temporary permit subject to proviso set out below shall require countersignature of the reciprocating State and the Motor Vehicles will be authorized to ply. Provided that the application for renewal of countersignature has been submitted to the reciprocating State within time allowed for submission of renewal application under section 81 (2) of the Motor Vehicles Act ,1988. (viii) The respective State Transport Undertakings may add new services of stage carriages on notified routes or increase the numbers of trips on any existing route on special occasion keeping in view the overall public demand by mutual agreement in writing with the approval of both the State Governments. (ix) Stage carriage buses shall operate by entering /touching the bus stands falling on the routes as approved by the respective competent authorities of each State. Created with novaPDF Printer (www.novaPDF.com). Please register to remove this message. (x) No countersignature fee or application fee etc shall be charged in respect of the stage carriage vehicles of the STUs of other state by both the State/U.T. (xi) Each State shall comply with the second proviso to sub- section (1) of section 88 of the Motor Vehicle Act, 1988 subject to payment of admissible taxes and approved time table/fare table. 6. Auto –Rickshaw (Non –Temporary) Permits:-. The permits of the auto rickshaws shall be countersigned by concerned Transport Authorities of the States for plying between Chandigarh and Mohali. The number of permits shall be issued / countersigned in equal number by both the States, to be decided by the Secretaries, Transport of both the state/UT, from time to time. No tax/fee/duty etc. shall be charged by the other state/UT from such vehicles. The permits of petrol/diesel auto-rickshaws registered for more than ten years will not be countersigned by the other State/UT. Further, from and after the date of agreement, only LPG/CNG/Battery operated auto-rickshaws with metres fitted only shall be countersigned by the other State/UT. 7. School Buses:- The buses registered in the name of schools /registered in the name of individuals under agreement with schools only(exclusive of other Educational Institutional buses) plying between Chandigarh and Mohali will be allowed to ply on the basis of countersignatures only by the concerned state/UT.