Section 60 in The Motor Vehicles Act, 1939

60. Cancellation and suspension of permits.

(1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit-

(a) on the breach of any condition specified in sub- section (3) of section 59, or of any condition contained in the per- mit, or

1. subs by Act 56 of 1969, s. 26, for" permit relates" (w. e. f. 2- 3- 1970 ).

2. The words" maximum or minimum" omitted by s. 26, ibid. (w. e. f. 2- 3- 1970 ).

3. Subs. by s. 26, ibid., for" section 72" (w. e. f. 2- 3- 1970 ).

4. Ins. by Act 100 of' 1956, s. 53 (w. e. f. 16- 2- 1957 ).

(b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or

(d) if the holder of the permit has obtained the permit by fraud or misrepresentation, 2[ or]

(e) 2[ if the holder of the permit, not being a private carrier' s permit, fails without reasonable cause to use the vehicle or vehicles for the purposes for which the permit was granted, or

(f) if the holder of the permit acquires the citizenship of any foreign country;] Provided that no permit shall be cancelled unless an opportunity has been given to the holder of the permit to 3[ furnish] his explanation.

(1A) 2[ The transport authority which granted a permit may, after giving the holder thereof an opportunity to furnish his explanation, reduce either permanently or for such period as it thinks fit, the number of vehicles or the route or area covered by the permit on any of the grounds mentioned in sub- section 1.]

(1B) 4[ The transport authority may exercise the powers conferred on it under sub- section (1) and (1A) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub- section (5) of section 44 as if the said permit was a permit granted by the transport authority.]

(2) Where a transport authority cancels or suspends a permit 2[ or reduces the number of vehicles or the routes or area covered by a permit], it shall give to the holder in writing its reasons for 2[ the action taken].

(2A) 2[ The powers exercisable under sub- section (1) or sub- section (1A) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any

1. Subs. by Act 100 of 1956, s. 54. for" possess" (w. e. f. 16- 2- 1957 ).

2. Ins. by s. 54, ibid. (w. e. f. 16- 2- 1957 ).

3. Subs. by s. 54, ibid. for" submit" (w. e. f. 16- 2- 1957 ).

4. Ins. by Act 56 of 1969, s. 27 (w. e. f. 2- 3- 1970 ).

5. Subs. by Act 100 of 1956, s. 54 for" the revocation or suspension" (w. e. f. 16- 2- 1957 ).

authority or person to whom such powers have been delegated under subsection (5) of section 44 Provided that-

(i) no such authority or person shall pass an order suspending the permit for a period exceeding one month or reducing the period thereof by more than one month; and

(ii) any such order shall be placed within the said period of one month before the transport authority who may vacate the order or extend the said period of one month where it has not expired or cancel the permit or take action under sub- section (3), as it may deem fit.]

(3) 1[ Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of subsection (1) and the transport authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in subsection (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon.]

(4) 2[ The powers exercisable by the transport authority under sub- section (3) may, where an appeal has been preferred under section 64, be exercised also by the appellate authority.]