MV Act 89Chapter V · Control of Transport Vehicles
Section 89 · Appeal
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(1) Any person, who is-
(a) aggrieved by the refusal of the State or Regional Transport Authority to grant a permit or by any condition imposed on the permit granted to him, or
(b) aggrieved by the revocation or suspension of a permit or by any alteration made in the conditions thereof, or
(c) aggrieved by the refusal to transfer a permit under section 82, or
(d) aggrieved by the refusal of the State Regional Transport Authority to countersign the permit or by any condition imposed on such countersignature, or
(e) aggrieved by the refusal to renew a permit, or
(f) aggrieved by the refusal to grant a permit under section 83, or
(g) aggrieved by any other order as may be prescribed, may prefer an appeal, within the prescribed time and in the prescribed manner, to the State Transport Appellate Tribunal constituted under sub-section (2), which shall, after giving an opportunity of being heard to such person and the original authority, decide his case.
(2) The State Government shall constitute as many Transport Appellate Tribunals as it may deem fit and each such Tribunal shall consist of a judicial officer not below the rank of a District Judge or who is qualified to be a Judge of the High Court and shall exercise jurisdiction within such area as may be notified by that Government.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal which is pending at the commencement of this Act shall continue to be proceeded with and disposed of as if this Act had not been passed. Explanation.--For the removal of doubts, it is hereby declared that where the State Transport Authority or the Regional Transport Authority makes any order in pursuance of a direction given by the Inter-State Transport Commission under clause (c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939), as in force immediately before the commencement of this Act, and any person is aggrieved by such order on the ground that the order is not in conformity with such direction, he may appeal against such order to the State Transport Appellate Tribunal under sub-section (1), but not against the direction so given.
(a) aggrieved by the refusal of the State or Regional Transport Authority to grant a permit or by any condition imposed on the permit granted to him, or
(b) aggrieved by the revocation or suspension of a permit or by any alteration made in the conditions thereof, or
(c) aggrieved by the refusal to transfer a permit under section 82, or
(d) aggrieved by the refusal of the State Regional Transport Authority to countersign the permit or by any condition imposed on such countersignature, or
(e) aggrieved by the refusal to renew a permit, or
(f) aggrieved by the refusal to grant a permit under section 83, or
(g) aggrieved by any other order as may be prescribed, may prefer an appeal, within the prescribed time and in the prescribed manner, to the State Transport Appellate Tribunal constituted under sub-section (2), which shall, after giving an opportunity of being heard to such person and the original authority, decide his case.
(2) The State Government shall constitute as many Transport Appellate Tribunals as it may deem fit and each such Tribunal shall consist of a judicial officer not below the rank of a District Judge or who is qualified to be a Judge of the High Court and shall exercise jurisdiction within such area as may be notified by that Government.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal which is pending at the commencement of this Act shall continue to be proceeded with and disposed of as if this Act had not been passed. Explanation.--For the removal of doubts, it is hereby declared that where the State Transport Authority or the Regional Transport Authority makes any order in pursuance of a direction given by the Inter-State Transport Commission under clause (c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939), as in force immediately before the commencement of this Act, and any person is aggrieved by such order on the ground that the order is not in conformity with such direction, he may appeal against such order to the State Transport Appellate Tribunal under sub-section (1), but not against the direction so given.
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