Grant of stage carriage permits
Section 72 of the Motor Vehicles Act, 1988 deals with grant of stage carriage permits. Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall The Act came into force on 01 Jul 1989.
(1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any route or area not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:--
(i) that the vehicles shall be used only in a specified area, or on a specified route or routes;
(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;
(iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;
(iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;
(v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;
(vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points;
(vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons;
(viii) the weight and nature of passengers' luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers;
(ix) the rate of charge that may be levied for passengers' luggage in excess of the free allowance;
(x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used:
Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date;
(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;
(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;
(xiii) that fares shall be charged in accordance with the approved fare table;
(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;
(xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner;
(xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified;
(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;
(xviii) the conditions subject to which vehicle may be used as a contract carriage;
(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle;
(xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use;
(xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;
(xxii) that the Regional Transport Authority may, after giving notice of not less than one month,--
(a) vary the conditions of the permit;
(b) attach to the permit further conditions:
Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof;
(xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe;
(xxiv) any other conditions which may be prescribed.
1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.]
Section 72, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of West Bengal vs Nurul Amin
Court's Decision & Legal Precedent
Curtailment of a portion of the route for which a stage carriage permit application is made constitutes a permissible 'modification' under Section 72(1) of the Motor Vehicles Act, 1988, and does not violate the proviso prohibiting grants for routes not specified in the application. The proviso restriction applies only to grants for entirely different or wholly unspecified routes. A Regional Transport Authority has the power to grant stage carriage permits with modifications, including curtailment of routes, provided such modification is not arbitrary or unreasonable and is based on valid grounds such as traffic congestion and vehicular pollution control.
On this section: Central provision analyzed regarding power to grant stage carriage permits with modifications versus new unspecified routes; court held that curtailment of portion of applied route falls within permissible modifications, not within prohibition of providing routes not specified in application
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… By Ext.P4 judgment dated 13.4.2018, the challenge to Ext.P3 decision of the STA was rejected by this Court, which relied on an earlier decision of this Court in Kasaragod District Bus Owners Association v. Regional Transport Authority [2014 (4) KLT 709] to hold that the provisions of Section 72 of the Motor Vehicles Act and Rules 191 and 264 of the Kerala Motor Vehicles Rules empowered the Regional Transport Authority [RTA] to issue stipulations with respect to stage carriages and other vehicles while granting permits and, even without a specific rule being issued by the State Government in exercise of the …
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… By Ext.P4 judgment dated 13.4.2018, the challenge to Ext.P3 decision of the STA was rejected by this Court, which relied on an earlier decision of this Court in Kasaragod District Bus Owners Association v. Regional Transport Authority [2014 (4) KLT 709] to hold that the provisions of Section 72 of the Motor Vehicles Act and Rules 191 and 264 of the Kerala Motor Vehicles Rules empowered the Regional Transport Authority [RTA] to issue stipulations with respect to stage carriages and other vehicles while granting permits and, even without a specific rule being issued by the State Government in exercise of the …
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… By Ext.P4 judgment dated 13.4.2018, the challenge to Ext.P3 decision of the STA was rejected by this Court, which relied on an earlier decision of this Court in Kasaragod District Bus Owners Association v. Regional Transport Authority [2014 (4) KLT 709] to hold that the provisions of Section 72 of the Motor Vehicles Act and Rules 191 and 264 of the Kerala Motor Vehicles Rules empowered the Regional Transport Authority [RTA] to issue stipulations with respect to stage carriages and other vehicles while granting permits and, even without a specific rule being issued by the State Government in exercise of the …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 72
What have the courts held on Section 72 of the Motor Vehicles Act?
State of West Bengal vs Nurul Amin (05 Jul 2010) is the leading judgment on this section among those set out below: Central provision analyzed regarding power to grant stage carriage permits with modifications versus new unspecified routes; court held that curtailment of portion of applied route falls within permissible modifications, not within prohibition of providing routes not specified in application.
How do I find court cases under Section 72 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 72, section 72 MV Act, section 72 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of West Bengal vs Nurul Amin (05 Jul 2010).
What should I read with Section 72 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 70 (Application for stage carriage permit), section 71 (Procedure of Regional Transport Authority in considering application for stage carriage permit), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Amendment in the Motor vehicle Rules, 1994 (2018).
When did Section 72 of the Motor Vehicles Act come into force?
Section 72 of the Motor Vehicles Act, cited as MV Act 72, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 9. Grant of driving licence857 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.