Case Summary:
Public Transportation: Complainant
submitted that the mini stage carriage buses are not complying with Public
Notice No. F. 10(86)/AS/STA/Order/Tpt.12/182 dated 05.11.2014 published by the
Transport Department, Govt. of NCT of Delhi regarding reservation of seats for
persons with disabilities on the conductor’s side towards the front gate and
acceptance of concessional passes issued by the Delhi Transport Corporation
(DTC) to persons with disabilities. Respondent informed that the concerned
branches of the Department were informed and action was being taken, and that the
respondents would be happy to comply with any directions issued by the Court.
Recommendations:
The Respondent should organize Special Drive across Delhi to ensure that every
bus carries the inscriptions about the acceptance of the bus passes of persons
with disabilities and reservation of seats for them in accordance with the
Public Notice. The Vehicle Fitness Unit, Burari should also ensure compliance
with the above mentioned requirements before issuing the Vehicle Fitness
Certificates. The mini carriage bus operators should also be advised from time
to time to sensitize the bus drivers and conductors. Public notices may be
issued from time to time for awareness of the public as well as the operators.
Rules/Acts/Orders:
-
Public Notice No. F. 10(86)/AS/STA/Order/Tpt.12/182 dated 05.11.2014
Order / Judgement:
In the Court of State Commissioner
for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre,
New Delhi-2
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1493/2016-Wel/CD/ 685-86 Dated:
07.06.2017
In
the matter of:
Sh. Pawan Kumar,
RZ-A-39, Subhash Park,
Bindapur – Matiala Road,
Uttam Nagar, New Delhi-110059. ........Complainant
Versus
The Secretary-Cum-Commissioner,
Transport Department, GNCTD
5/9 Under Hill Road, Delhi-110054. .........Respondent
Date of hearing: 01.06.2017
Present : Pawan Kumar, Complainant.
Sh. Sanjay Dewan,, PCO
(ASCSTA) on behalf of Respondent No.2.
ORDER
Sh. Pawan Kumar, of Neelkanth Viklang Punarvas
Sanstha (Regd.) on behalf of the persons with disabilities vide his complaint dated 30.11.2016 submitted that
the mini stage carriage buses are not complying with Public Notice No. F.
10(86)/AS/STA/Order/Tpt.12/182 dated 05.11.2014 published by the Transport
Department, Govt. of NCT of Delhi regarding reservation of seats for persons
with disabilities on the conductor’s side towards the front gate and acceptance of concessional passes issued by
the Delhi Transport Corporation (DTC) to persons with disabilities. The
complaint, which was received from the Office of Chief Commissioner for Persons
with Disabilities vide letter dated 19.12.2016, was taken up with the
respondent vide communication dated 03.12.2016 followed by reminders dated
24.01.2017 and 22.02.2017. As there was no response, hearing was scheduled on
01.06.2017.
2. The respondent vide letter dated
17.04.2017, informed that on receipt of the complaint, the matter was referred
to the concerned branches of Transport Department i.e. CMVI, Inspection Unit
Burari and Enforcement Officer. The
Enforcement Officer has informed that the Department has been taking action
against the erring vehicles from time to time. Recently, 27 such vehicles were
prosecuted / impounded under the provisions of Motor Vehicle Act and
Rules. It has further been stated that
at the time of issuing of Fitness to any transport vehicle, the Board of
Inspection checks that the vehicle complies with the requirements of M.V. Act
as well as permit conditions and orders issued by the Department from time to
time.
3. During the hearing on 01.06.2017, the
representative of the respondent reiterated the written submissions and added
that any direction of this Court will be complied with and it will be ensured
that any complaint received by the Transport Department is dealt expeditiously
the Enforcement Branch or the Fitness
Branch, as the case may be. He also informed that the Transport Department has
its own Help Line number 42400400. Any person can record his / her complaint
against any transport vehicle in Delhi.
4. The complainant submitted that there
are still many buses which do not carry the inscription about the acceptance of
concessional passes of persons with disabilities and the reservation of
seats. However, he could not provide the
registration number of such buses during the hearing.
5.
The public notice dated
05.11.2014 of Transport Department reads as under:
“No.F.10(86)/AS/STA/Order/Tpt/12/182 Dated
5.11.2014
PUBLIC NOTICE
ATTENTION
: OPERATORS/PERMIT HOLDERS OF STAGE CARRIAGE MINI BUSES
PERMIT
CONDITIONS PROTECTING RIGHTS OF PERSONS WITH DISABILITIES /SENIOR CITIZENS
/FREEDOM FIGHTERS/WAR WIDOWS
Complaints are being
received that drivers/conductors of mini stage carriage buses are not adhering
to the permit conditions concerning persons with disabilities/ senior
citizens/freedom fighters/war widows. These permit conditions are reproduced as
under :
1) That the crew
(driver and conductor) wherever applicable shall assist and extend all possible
help to disabled persons trying to board in and out of bus. Further, in case
driver or conductor fails to stop the bus to allow a disabled person to board
at the designated bus stop or fails/refuses to assist the disabled person(s) to
board the bus, it would be violative of the Persons with Disabilities (Equal
Protection of Full Protection Right) Act, 1995 by attracting action under
Section 62-A of the said act and would also be liable for action by the State
Transport Authority for suspension/cancellation of the permit.
2) In case of bus
having two doors the passengers (except for senior citizens, ladies and persons
with disabilities) shall board from the rear door and alight from the front
door only.
3) The permit holder
shall ensure that his/her bus has at least 25% seats reserved for women, two
seats reserved for senior citizens/disabled persons on the conductor side
towards front gate. The seats reserved so shall also be marked accordingly. The
conductor of the bus shall ensure the occupancy of these seats by the above
said reserved passengers.
4) The permit holder
and driver of private stage carriage buses shall ensure that the inscription
“as per orders of Hon’ble Supreme Court of India the concessional passes issued
by Delhi Transport Corporation to disabled persons, freedom fighters, war
widows and their dependents are honoured in this bus” in bold letters at least
(one inch size) in Hindi shall be written on both the interior side panels and
on the exterior panel of the bus near door on the conductor seat side.
All the operators of
stage carriage buses are hereby directed to strictly adhere to above permit
conditions, failing which stringent punitive action shall be taken against the
violators as prescribed under the Motor Vehicles Act 1988 and rules framed
there under.
Dy.
Secretary, STA”
6. After hearing the parties, the
following actions are recommended:-
(i) The
Respondent should organise Special Drive across Delhi to ensure that every bus
carries the inscriptions about the acceptance of the bus passes of persons with
disabilities and reservation of seats for them in accordance with the Public
Notice dated 05.11.2014 and take appropriate action against the operators of
the erring vehicles.
(ii) The Vehicle Fitness Unit,
Burari should also ensure compliance with the above mentioned requirements
before issuing the Vehicle Fitness Certificates.
(iii) The mini carriage bus operators should
also be advised from time to time to sensitise the bus drivers and conductors
to be courteous to persons with disabilities and deal with them with
respect and dignity.
(iv) Public notices may be issued
from time to time for awareness of the public as well as the operators.
(v) The complainant is advised to
bring to the notice of Transport Department any violation noticed by him
through the Help Line or any other means.
The
matter is disposed of accordingly.
Given under my hand and
the seal of this Court 7th day
of June, 2017.
(T.D. Dhariyal )
State
Commissioner for Persons with Disabilities
