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Head Note

Motor Vehicles Act,1988  - Section 2 (7)

Andhra Pradesh Motor Vehicles Rules, 1989, Rule 297-A(1)(c) - Vires of the Rule - Contract carriage permit - Distinction between Contract carriage permits and Stage carriage permits - Contract carriages are for those who want to hire the vehicle collectively or individually for a group or a party for their common starting point, destination and purpose - Only common destination is not sufficient - Contract carriages cannot pick up or drop passengers in between - Therefore, the Rule 297-A(1)(c) is in consonance with Section 2(7) of the Act framed to fulfill the object of Section 2(7) and intra vires the Act.

Motor Vehicles Act,1988  - Section 2 (7)

Andhra Pradesh Motor Vehicles Rules, 1989, Rule 297-A(1)(c) - Vires of the Rule - Contract carriage permit - Written contract - List of passengers containing their names and addresses is must with contract carriages though the contract may be implied - The passengers who are to be carried are to be known prior to the journey as the definition of contract carriage in Section 2(7) includes the words "for the carriage of passengers mentioned therein" - There must be prior contract and the passengers shall also be settled in advance - The provisions of Rule 297-A(6)(f) are intra vires the Act.

Motor Vehicles Act,1988  - Section 88 (14)

All India tourist permits - Framing of Rules for all-India tourist permits - Jurisdiction of States to make rules for all-India Tourist permits - Only the Central Government has the exclusive power and jurisdiction for making rules for all-India tourist permits - States Regional Transport Authorities have been empowered to grant all-India tourist permits for the purpose of promoting tourism, subject to Rules made by the Central Government under Section 88(14) of the Act - Rules framed by the Central Govt. only will apply to all-India tourist permits and not those framed by States.

Topic(s)-Contract carriage permit

Important Decision(s)- Only the Central Government has the exclusive power and jurisdiction for making rules for all-India tourist permits - Rules framed by the Central Govt. only will apply to all-India tourist permits and not those framed by States.