DM's approval must for booking overloaded vehicles

LUCKNOW: The transport departmenthas repeated one of its previous orders making it necessary to seek the permission of the district magistrate to lodge an FIR against the overloaded vehicles. The fresh order has been issued on August 30, 2012.The transport department officers, including the RTOs and ARTOs, have been directed to seize the overloaded goods vehicles in order to prevent damage to public property. And, to lodge FIR against the owners and drivers of such vehicles after seeking permission from DM.The order saying that the transport department officers, particularly the ARTOs, who seize overloaded vehicles under 'Prevention of Damage to Public Property Act, 1984' will now have to wait for DM permission to get the FIR lodged against the erring drivers or owners of the overloaded vehicles, was issued on September 14, 2011. The order has been repeated now. The sources said that the repetition of the order has come because the earlier one was not effective. There have been several GOs in the past in this regard with the first one coming on August 4, 2011 by the then principal secretary, transport, Majid Ali, which held divisional commissioners and DMs responsible for lodging FIRs against overloaded vehicles in order to prevent damage to public property. The order was also addressed to all the principal secretaries, principal secretary (home) and the transport commissioner asking them to ensure necessary action against those flouting norms. A day after the GO was passed, the then transport commissioner, Sudhir Kumar Srivastava, issued another GO (17IG Enf/2011/12Enf/2011) instructing the departmental people to lodge FIRs against the drivers and owners of the overloaded vehicles on the basis of evidence. The order was enough to create panic among the goods transporters as the order authorized transport officers, seizing the overloaded vehicle, to also lodge an FIR.The government, however, rolled back the August 4, 2011 order with a new order (GO 903) on September 14, 2011 by again holding divisional commissioners and DMs responsible for lodging FIRs. There are several reasons that the transport department officer give for making it mandatory to seek permission from DM and divisional commissioners. On the good side, the police which have been more or less reluctant to lodge an FIR against the defaulters on direction of transport officers, might act after DM permits so.On the other hand, the order could also dilute the strict action that government meant to take against erring goods vehicles under 'Prevention of Damage to Public Property Act, 1984'.