Delhi Motor Vehicles Licensing of Aggregator (Premium Buses) Scheme, 2023
TRANSPORT DEPARTMENT
Delhi, the 26th May, 2023
F. No F(12)/Policy/AS/STA/2016/49928.—In exercise of the powers conferred by Sub Section (3) of Section 67read with Section 93 and clause (41) of Section 2 of the Motor Vehicle Act, 1988 and in pursuance and compliance of the Motor Vehicle Aggregator Guidelines, 2020 issued vide Notification No. S.O.4251 ( E) dated 26th Nov, 2020 of Ministry of Road, Transport and Highways, Government of India, the Lieutenant Governor of National Capital territory of Delhi hereby publish the draft scheme namely,„(TheDelhi Motor Vehicles Licensing of Aggregator (Premium Buses) Scheme, 2023 for information to all persons likely to be affected thereby and notice is hereby given that said draft scheme will be taken into consideration on or after expiry of 30 days from the date of its publication in Delhi Gazette.
Objections or suggestions in this regard shall be addressed to the Pr. Secretary-Cum-Commissioner (Transport), Government of National Capital Territory of Delhi, 5/9 Under Hill Road, Delhi -110054 or on email at
[email protected] or
[email protected]. DRAFT SCHEME:
1. Short title, application and commencement:
(a) It shall be called the “The Delhi Motor Vehicles Licensing of Aggregator (Premium Buses) Scheme, 2023”.
(b) It shall, apply to all premium buses operated under a valid Aggregator license granted by the Transport Department, Government of National Capital Territory of Delhi , to operate within the National Capital Territory of Delhi.
(c) It shall come into force with effect from the date of its publication in the official gazette.
2. Definitions:
(1) In this Scheme, unless the context otherwise requires:
- (a) “Act” means the Motor Vehicles Act, 1988 (Central Act 59 of 1988):
- (b) “Appellate Authority” means Secretary, State Transport Authority, Department of Transport, Government of National Capital Territory of Delhi, for the purpose of entertaining appeal in respect of grant and renewal of license under the said scheme;
- (c) “App” means an electronic interface operated by the License holder or any third party on behalf of the License holder which may be accessed either through a computer resource or a communication device;
- (d) “Competent Authority” means the Deputy Secretary, State Transport Authority, Department of Transport, Government of National Capital Territory of Delhi shall grant/renew/suspend/cancel the license, under the provisions of said scheme;
- (e) “License Holder” means a person or entity that holds a license for operation of buses under this scheme as issued by the Transport Department, Government of National Capital Territory of Delhi;
- (f) “Passenger Manifest” means a digital record of persons who are likely to travel in a premium bus during the course of a trip and on whose behalf the license holder enters into a contract, express or implied, with the owner of bus, or any person authorized by him for hiring a vehicle as a whole in accordance with this scheme;
- (g) “Permit” means a valid contract carriage permit issued by the Transport Department, Government of National Capital Territory of Delhi under Section-74 of Motor Vehicle Act-1988;
- (h) “Premium Bus” means a luxury public service vehicle having seating capacity of more than 12 passengers with the following features:
- Air Conditioner, Wi-Fi, GPS, CCTV, Panic Button, 2 x 2 seats, reclining seats or any other specification / feature as incorporated in the scheme from time to time.
- Any other specifications / conditions as deemed fit under the constrained circumstances will be incorporated time to time by the Transport Department;
- (i) “Stand Fee” means the fee, as prescribed by Transport Department, Government of National Capital Territory of Delhi for using bus queue shelters to pick up and drop passengers;
2) Words and expressions used in this scheme, but not defined herein, shall have the same meaning as assigned to them in the Act.
3. Eligibility for grant of aggregator license:
(1)
License holder shall operate and maintain a fleet of minimum 50 premium buses, to be made operational within 90 days from the day of grant of license.
(2) The requirement for minimum and maximum number of premium buses may be modified by the Competent Authority from time to time, if need arises.
(3) The license holder may, for and on behalf of the passengers, determine potential routes on which the vehicles operated by it shall ply.
Provided that the self-determined potential routes may not be objected by the Traffic Police being the agency authorized to control the Traffic or any other Local Bodies controlling and maintaining the route, if object, the self-determined routes shall stand terminated.
(4) The details of such routes shall be notified on the mobile or web-based application for information to the general public.
(5) No modification/ termination of any route on which the bus is operated shall not be changed by license holder in any case without intimation to the Competent Authority after giving a notice of seven days in advance. The effect of the change of route shall also be informed to the general public by the license holder, through mobile or web-based application.
(6) No such route shall be terminated by the license holder, if an advance booking/confirmation is made for that route provided in case of any exigency to terminate the service the booking amount if obtained in advance shall be returned on the same day to the commuter.
(7) The license shall not be granted to any firm or entityeither insolvent, or a blacklisted by any State Transport Authority or Regional Transport Authority of any State or Union Territory of India.
(8) The license holder shall have the corporate or branch office within National Capital Region (NCR) managed by duly authorized representative under intimation to Competent Authority.
(9) The license holder at the time of applying for the license under this scheme shall have the mandatory experience for at least 03 years for operating/managing/ the vehicles in public transport/shared transportation along with following mandatory requirements:-
- (a) a fleet of minimum 100 passenger buses during the last three financial years (each year); or
- (b) a fleet of minimum 1000 passenger cars during the last three financial years (each year); or
- (c) In case of a mixed fleet of passenger cars and buses, the total minimum fleet must be equal to at least 100 buses. For this purpose, 10 cars would be deemed to be equal to 1 bus.
(10) The license holder shall comply with all the applicable provisions prescribed under the Act and Rules framed thereunder either as Central Motor Vehicle Rules-1989 or The DelhiMotor Vehicle Rules -1993 or of the Information Technology Act, 2000 by submitting an undertaking on non-judicial stamp paper along with the request for issuance of license under this scheme.
(11) The License holder shall possess a Contract Carriage permit in order to regulate the operation and to maintain the discipline on road and in the provisions of Chapter-VIII& XIII of Motor Vehicle Act-1988 read with Chapter-VIII of Delhi Motor Vehicle Rules-1993,shall be applicable on them.
(12) The License holder shall entered into a contract with a permit holder for use of the vehicle of such permit holder in accordance with the provisions of this scheme and such contract shall be for use of the vehicle as a whole and not for a part thereof.
(13) The engagement of the buses shall be at the liberty of the license holder confined to decide the size of the buses in its fleet (Mini / Midi / Standard Size) as per Bus Code All India Standard (AIS) 052.
4. Procedure for grant/renewal of the license:
(1) Any person may make an application for grant of license in the Form 1 appended to this scheme, accompanied by proof of payment with prescribed fee and security deposit as mentioned in Clause- 5 of this scheme, along with following documents:-
- (a) List of all vehicles that propose to engage along with a true copy of valid permit.
- (b) Proof of adequate parking spaces available for all the vehicles.
- (c) The lease agreement must contain specific provision of transfer of effective control and possession of such vehicles in favor of the license holder for a term, at least one year, at a time.
- (d) Copy of Registration Certificate and Insurance of each bus.
- (e) Fitness of the vehicle indicating therein that the CCTV and other mandatory requirements are properly installed in the bus.
- (f) Undertaking in non-judicial stamp paper with regard to regulate the operation and to maintain the discipline on road and to bring within the ambit of provisions of Chapter- VIII& XIII of Motor Vehicle Act 1988 read with Chapter-VIII of The Delhi Motor Vehicle Rules 1993, the possession of the Contract Carriage permit is required.
(2) Upon receipt of such application, the acknowledgement shall be issued online.
(3) The Competent Authority after satisfying himself that all the necessary requirements and documents found in order, shall either grant the license within a period of thirty days from the date of receipt of application or in case of any discrepancy the information in this regard shall be conveyed to the applicant for fulfillment.
(4) No application for grant/renewal of license shall be rejected without giving a reasonable opportunity of being heard to the applicant.
(5) The licence shall be valid for a period of five years.
(6) The renewal of the license is not automatic and not available as a matter of right of the license holder and would be subject to satisfactory compliances with the Scheme and taking into account the safety records, consumer satisfaction, and overall quality of service of the license holder, along with any other parameter(s) that may be considered relevant by the Competent Authority.
(7) The license holder shall submit an application for renewal of the licence in Form 1 appended with the fee as mentioned in the Clause-5 challan clearance certificate from Enforcement Branch and Delhi Traffic Police.
(8) The application for renewal of license shall be made not less than 90 days before the date of its expiry. However, Competent Authority may entertain and application for the renewal of the license after the last date, if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified, subject to payment of fees as prescribed in clause 10 (4) of the Scheme.
(9) The license shall be renewed for a period of five years from the date of expiry of the license.
5. Fee & Security Deposit:
(1) The applications accompanied with the Fee and Security Deposit as mentioned below shall be considered for granting the license:
(a) Fee for license:
S. No.
|
Particulars
|
Amount(In
Rs.)
|
1.
|
Grant of license
|
5,00,000
|
2.
|
Renewal of license
|
2,500
|
3.
|
Issue of duplicate license
|
2,500
|
4.
|
For noting change of Address of the licensee
|
2,500
|
(b) Security Deposit for license:
S. No.
|
Particulars
|
Amount(In
Rs.)
|
1.
|
Upto 100 buses
|
1,00,000
|
2.
|
Upto 1000 buses
|
2,50,000
|
3.
|
More than 1000 buses
|
5,00,000
|
(2) No license fee shall be levied on electric buses to promote the clean transport options.
(3) An additional stand fee for use of bus queue shelters shall be paid as notified from time to time by the Transport Department, GNCTD.
6. Fare and Ticketing:
(1) The license holder shall be at liberty to prescribe a suitable fare structure for any route/ destination. The fare shall be displayed on the mobile and web-based application for the information of the general public.
(2) Dynamic pricing shall be permissible provided that the base fare shall not be less than the peak fare of DTC AC buses.
(3) The license holder shall engage passengers only through mobile and web-based application facility and no physical tickets shall be issued.
(4) The charges from the passengers shall be collected only through electronic/ digital payment mode.
7. Obligations of license holder:
(1) The license holder shall be responsible for complying with the following conditions for and in respect of every vehicle deployed under this scheme, namely:
- (a) The license holder shall, prior to commencement of each trip of a vehicle, convey on its mobile and web-based application, the route of such trip, the particulars of the vehicle, premium bus driver and/or other staff and a passenger manifest for that trip. Further booking of passengers from any stop in the trip may be executed and included in the passenger manifest provided such booking shall be executed at least 10 minutes before the boarding time. Provided further, that the passenger manifest displayed on the mobile and web-based application shall not disclose the names of the passengers and shall only describe their last name, age and gender, as the case may be;
- (b) License holder shall not allow any person in such a vehicle on any trip with respect to provision of Clause-(a), unless their name is included in the passenger manifest.
- (c) The license holder shall incorporate a feature on its mobile and web-based application for the purpose of facilitating to lodge complaint if any. Further the license holder shall also affix an electronic display board inside the bus wherein the information with regard to lodging complaint on the mechanism derived by the license holder. The license holder shall submit a summary of complaint along with clarification/explanation to the Competent Authority on monthly basis;
- (d) The license holder shall take measures to ensure the safety and security of women passengers and shall provide a rapid response mechanism, including a panic button on its mobile and web- based application, for prompt redressal of complaints by women passengers;
- (e) The license holder shall not cancel any trip after accepting the hire charges from a passenger, save and except upon occurrence of a force majeure, whereupon it shall make best endeavors to provide an alternative vehicle or to refund the fare paid by passengers forthwith;
- (f) The license holder upon failure to provide an alternative vehicle in case of a break-down or for any other reason, save and except force majeure, he shall make a refund forthwith which shall be equal to the amount received from each of the affected passengers and an amount equal to one half thereof by way of pre-determined liquidated damages, and each failure of the license holder to make such payment for and in respect of each passenger shall make him liable to payment of a fine under Clause 11thereof;
- (g) The details containing the photograph of the driver, license number, Passenger Service Vehicle Badge number and registration mark of the vehicle, along with Transport Helpline number and Police Helpline number shall be displayed prominently inside the bus such that it is directly visible to the passengers.
- (h) The license holder shall ensure that only premium air-conditioned buses having compliance of with All India Standard (AIS) 052 (Bus Code), All India Standard (AIS) 140 (vehicle tracking system, camera surveillance system, and emergency request button) and All India Standard 153 standards (Fire Detection and Alarm System (FDAS) with other specifications as prescribed by the Transport department shall be inducted into the fleet. The aggregator shall be at liberty to decide the size of the buses in its fleet (Mini / Midi / Standard Size) as per Bus Code All India Standard (AIS) 052;
- (i) The license holder shall ensure that there shall be at least two CCTV cameras must be installed in each vehicle for recording the movements of passengers during each trip and recording of which shall be stored by the license holder for at least fifteen days from the date of each trip and produce the same on demand by any law enforcing agency;
- (j) The license holder shall be responsible for providing a link of the proposed service with the current digital solution ONE DELHI app deployed by Transport Department, for discovering buses/routes, booking rides and making digital payments.
- (k) The license holder shall ensure that the vehicle must be covered by a policy of insurance which shall provide accidental coverage of not less Rs. 10 lakhs for the occupants of the vehicle (including driver and conductor) to facilitate the provisions as stipulate in Chapter-XI of Motor Vehicle Act-1988;
- (l) The license holder shall ensure that each and every vehicle deployed under the scheme shall possess, at all times, a valid certificate of fitness under Section-56 of Motor Vehicle Act- 1988 read with Rule 62 of the Central Motor Vehicle Rules, 1989;
- (m) The license holder shall ensure that the fire extinguisher having valid validity shall be installed in each bus and carry first aid kit as stipulate under the provisions Central Motor Vehicles Rules, 1989;
- (n) The license holder shall ensure that each bus deployed under the scheme to operate shall possess and carry a valid pollution certificate under rule 35 of NCT of The Delhi Motor Vehicle Rules-1993;
- (o) The license shall ensure that number of passengers shall not exceed over and above as mentioned in registration certificate duly granted by the registering authority;
- (p) The license holder shall comply with all applicable conditions in respect of the use of a passenger vehicle as in the case of Contract Carriage buses and any violation thereof shall be treated as violation for the purpose of taking appropriate action by Enforcement Agencies under the Chapter-VIII : Control of Traffic of Motor Vehicle Act-1988 and Rules framed thereunder and the various provisions as stipulate in The Delhi Motor Vehicle Rules-1993;
- (q) The license holder as the case may be, shall ensure that the driver of the vehicle must possess the category of the driving license required to operate a bus along with Public Service Vehicle Badge.
- (r) The license holder as the case may be shall ensure that the driver so engaged shall comply all the necessary provision referred to inMotor Vehicle Act-1988and Rules framed thereunder and The Delhi Motor Vehicle Rules-1993. Further any act of criminal offence if found against the driver of the vehicle, the action against the license holder shall be taken under the provisions of Section-53, 54 & 55 in view of the gravity of the commission of offence in addition to process of revocation of license of the driver under Section-19 of Motor Vehicle Act-1988.
- (s) The license holder shall ensure that the acquisition of buses having emission norms CNG shall not be three years old from the date of notification of the scheme. Subsequently induction of any new bus, the prevailing emission norms, BS-VI must be compliant, either Air- Conditioned CNG / electric buses. After January 1, 2024 the induction of electric buses only shall be allowed, no CNG operated bus even if having BS-VI compliance shall not be allowed to induct under this scheme.
- (t) The license holder shall comply with the provisions of the Information Technology Act, 2000 (Central Act 21 of 2000) and the rules and regulations made thereunder.
- (u) The license holder shall ensure stipulated mechanism for protecting the rights of women employees as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and also ensure to compliance the order of the Hon‟ble Supreme Court with regard to constitution of committee to address the women employees complaint under VISHAKHA guidelines.
- (v) The license holder shall ensure availability of adequate overnight parking space for all its buses in NCR region, under no circumstances, parking on any public space including roads, streets, etc., within National Capital Territory of Delhi would be allowed.
8. Use of DTC Bus Queue Shelters:
(1) The license holder and driver shall have to pick up and drop passengers at the notified bus queue shelters only. The fee for usage of bus queue shelters shall be paid separately to Delhi Transport Infrastructure Development Company Ltd. directly.
(2) Any additional halting stations shall be requested through a single window mechanism established by the Delhi Transport Infrastructure Development Company Ltd.
9. Branding and advertising:
(1) All premium buses inducted under this scheme shall follow a uniform color and logo as prescribed by Transport Department, Government of National Capital Territory of Delhi.
(2) The license holder shall have the right to advertise inside the buses, on a non-commercial basis, in compliance with applicable laws so as to create awareness about the premium bus scheme.
(3) The license holder shall have the right to sell advertising space inside the deployed buses to earn additional revenue, after obtaining the approval of concerned authorities.
(4) Under no circumstances it shall be proclaimed by license holder as being Govt. undertaking.
10. Penalty for Violation of conditions/obligations:
(1) In the event of any violation of any obligations or conditions prescribed in The Delhi Motor Vehicles Licensing of Aggregator (Premium Buses) Scheme, 2023, the license holder shall be liable for penalty in accordance with the provisions of Section 193 of the Motor Vehicle Act 1988.
(2) This scheme shall be applicable/enforceable in addition to the compliances and penalties provided under the Act and shall be read in conjunction with the existing provisions of the Act& Rules made thereunder.
(3) In case of failure to operate/maintain, the minimum number of buses required under the scheme within 90 days from the date of grant of license, the entire security deposited shall be forfeited after giving reasonable opportunity of being heard.
(4) The last date for submitting application for renewal of license shall be Ninety days prior to the date of expiry of the license. In instance if the application is not submitted by the due date, the following late fee shall be payable:
Upto the expiry of the license
|
After expiry of the license
|
Rs. 1000/- (One Thousand only)
|
Rs. One Thousand plus Rs. 100/- per day
|
(5) The provisions of Chapter VIII & Chapter XIII of Motor Vehicle Act 1988 and Chapter-VIII of The Delhi Motor Vehicles Rules 1993 and Motor-Vehicle-Driving-Regulation Act 2017 shall be applicable to the vehicles operated, under this scheme and action as prescribed shall be initiated against them.
11. Recovery of Penalty:
In case of failure of payment of fine within a period of fifteen days from the date of imposition and notice, the Competent Authority may, suspend or cancel the licence after providing a reasonable opportunity of being heard to the License holder.
12. Suspension and cancellation of license:
(1) The competent authority may suspend the license for a specified period not exceeding 6 months, after giving the license holder an opportunity of being heard, if it is of the opinion that-
- (a) Any bus associated with the license holder, is in default of legal compliances under the Motor Vehicle Act 1988 ;
- (b) Any bus is found to be in violation of lane driving conditions, over speeding and rash driving.
- (c) The license holder has failed to maintain the bus in compliance with the provisions of the Motor Vehicles Act 1988 and or Rules framed thereunder; or with the provision of this scheme; or the obligations as enumerated in Clause-7.
- (d) Any bus driver is found to be guilty of any misbehavior or misconduct with women/handicapped/sr. citizens specifically or any other commuter.
(2) Where a permit is liable to be cancelled or suspended and if circumstances so arise, the competent authority may, instead of cancelling or suspending the permit, recover from the license holder an amount equivalent to one half of the security deposit that may be varied with respect to the number of buses engaged by the license holder by depositing the security money as mentioned in clause 5(b).
13. Appeal:
(1) Any person aggrieved by any order of the Competent Authority may within thirty days of the receipt of the order, make an appeal to the Appellant Authority.
(2) An appeal shall be preferred in duplicate in the form of a memorandum setting forth the grounds of objections to the order of the Appellant Authority and shall be accompanied by fees of Rs 500/- as specified in The Delhi Motor Vehicle Rules 1993 at par with the fee to be paid for appeal against the order of Registering Authority.
(3) The Appellant Authority may, after giving a reasonable opportunity of hearing to the parties and after such enquiry as it may deem fit pass an appropriate order.
14. Powers & Responsibilities of Government of National Capital Territory of Delhi.
(1) The Government of National Capital Territory of Delhi shall be empowered to call for such information and documents from the Aggregator, as deemed fit to ensure compliance by the Aggregator with the Scheme pursuant to prior written notice.
(2) The Government of National Capital Territory of Delhi shall have the power to conduct search and investigation of the Aggregator‟s premises, as specified in Form 1 of the Scheme, for the effective implementation of the Scheme;
(3) The Government of National Capital Territory of Delhi shall provide access to the VAHAN and SARATHI portal operated by the Ministry of Road Transport and Highways, Government of India to enable the Aggregator to update the details of vehicles and Drivers integrated with the App.
(4) The Government of National Capital Territory of Delhi shall ensure complete confidentiality and secrecy of the documents and information obtained from the Aggregator under Clause 14(1) and any such other information which it may call for.
By Order and in the Name of the Lt. Governor of
the National Capital Territory of Delhi,
ASHISH KUNDRA, Pr. Secy.-Cum-Commissioner
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