MOTOR VEHICLES ACT 1988
THE
MOTOR VEHICLES ACT, 1988 NO. 59 OF 1988
[14th October, 1988.]
An Act to consolidate and amend the law relating to motor
vehicles. BE it enacted by Parliament in the Thirty-ninth Year of the
Republic of India as follows:-- CHAP PRELIMINARY CHAPTER I
PRELIMINARY
1. Short title, extent and commencement, (1) This Act may be
called the Motor Vehicles Act, 1988.
(2) It extends to the whole of India.
(3) It shall come into force on such date1* as the Central
Government may, by notification in the Official Gazette, appoint; and
different dates may be appointed for different State and any
reference in this Act to the commencement of this Act shall, in
relation to a State, be construed as a reference to the coming into
force of this Act in that State.
2. Definitions.- In this Act, unless the context otherwise
requires,--
(1) "area", in relation to any provision of this Act,
means such area as the State Government may, having regard to the
requirements of that provision, specify by notification in the
Official Gazette;
(2) "articulated vehicle" means a motor vehicle to which
a semitrailer is attached;
(3) "axle weight" means in relation to an axle of a
vehicle the total weight transmitted by the several wheels attached
to that axle to the surface on which the vehicle rests;
(4) "certificate of registration" means the certificate
issued by a competent authority to the effect that a motor vehicle
has been duly registered in accordance with the provisions of Chapter
IV;
(5) "conductor", in relation to a stage carriage, means
a person engaged in collecting fares from passengers, regulating
their entrance into, or exit from, the stage carriage and performing
such other functions as may be prescribed;
(6) "conductor's licence" means the licence issued by a
competent authority under Chapter III authorising the person
specified therein to act as a conductor;
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1. 1. 1-7-1989, vide Notification No. S.O. 368(E), dated 22-5-1989,
Gazette of India, Extra ordinary, 1989, Pt. II; Sec. 3(ii). 578
(7) "contract carriage" means a motor vehicle which
carries a passenger or passenger or passengers for hire or reward and
is engaged under a contract, whether expressed or implied, for the
use of such vehicle as a whole for the carriage of passengers
mentioned therein and entered into by a person with a holder of a
permit in relation to such vehicle or any person authorised by him in
this behalf on a fixed or an agreed rate or sum-- (a) on a time
basis, whether or not with reference to any route or distance; or (b)
from one point to another, and in either case, without stopping to
pick up or set down passengers not included in the contract anywhere
during the journey, and includes-- (i) a maxicab; and (ii) a motor
cab notwithstanding that separate fares are charged for its
passengers;
(8) "dealer" includes a person who is engaged-- (a) in
the manufacture of motor vehicles; or (b) in building bodies for
attachment to chassis; or (c) in the repair of motor vehicles; or (d)
in the business of hypothecation, leasing or hire- purchase of motor
vehicle;
(9) "driver" includes, in relation to a motor vehicle
which is drawn by another motor vehicle, the person who acts as a
steersman of the drawn vehicle;
(10) "driving licence" means the licence issued by a
competent authority under Chapter II authorising the person specified
therein to drive, otherwise than as a learner, a motor vehicle or a
motor vehicle of any specified class or description;
(11) "educational institution bus" means an omnibus,
which is owned by a college, school or other educational institution
and used solely for the purpose of transporting students or staff of
the educational institution in connection with any of its activities;
(12) "fares" includes sums payable for a season ticket
or in respect of the hire of a contract carriage;
(13) "goods" includes live-stock, and anything (other
than equipment ordinarily used with the vehicle) carried by a vehicle
except living persons, but does not include luggage or personal
effects carried in a motor car or in a trailer attached to a motor
car or the personal luggage of passengers travelling in the vehicle;
(14) "goods carriage" means any motor vehicle
constructed or adapted for use solely for the carriage of goods, or
any motor vehicle not so constructed or adapted when used for the
carriage of goods;
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1. Omitted by Act 54 of 1994, s. 2 9w.e.f. 14-11-1994). 579
(15) "gross vehicle weight" means in respect of any
vehicle the total weight of the vehicle and load certified and
registered by the registering authority as permissible for that
vehicle;
(16) "heavy goods vehicle" means any goods carriage the
gross vehicle weight of which, or a tractor or a road-roller the
unladen weight of either of which, exceeds 12,000 kilograms;
(17) "heavy passenger motor vehicle" means any public
service vehicle or private service vehicle or educational institution
bus or omnibus the gross vehicle weight of any of which, or a motor
car the unladen weight of which, exceeds 12,000 kilograms;
(18) "invalid carriage" means a motor vehicle specially
designed and constructed, and not merely, adapted, for the use of a
person suffering from some physical defect or disability, and used
solely by or for such a person;
(19) "learner's licence" means the licence issued by a
competent authority under Chapter II authorising the person specified
therein to drive as a learner, a motor vehicle or a motor vehicle of
any specified class or description;
(20) "licensing authority" means an authority empowered
to issue licences under Chapter II or, as the case may be, Chapter
III;
(21) "light motor vehicle" means a transport vehicle or
omnibus the gross vehicle weight of either of which or a motor car or
tractor or road-roller the unladen weight of any of which, does not
exceed 7,500 kilograms;
(22) "maxicab" means any motor vehicle constructed or
adapted to carry more than six passengers, but not more than twelve
passengers, excluding the driver, for hire or reward;
(23) "medium goods vehicle" means any goods carriage
other than a light motor vehicle or a heavy goods vehicle;
(24) "medium passenger motor vehicle" means any public
service vehicle or private service vehicle, or educational
institution bus other than a motor cycle, invalid carriage, light
motor vehicle or heavy passenger motor vehicle;
(25) "motorcab" means any motor vehicle constructed or
adapted to carry not more than six passengers excluding the driver
for hire or reward;
(26) "motor car" means any motor vehicle other than a
transport vehicle, omnibus, road-roller, tractor, motor cycle or
invalid carriage;
(27) "motor cycle" means a two-wheeled motor vehicle,
inclusive of any detachable side-car having an extra wheel, attached
to the motor vehicle;
(28) "motor vehicle" or "vehicle" means any
mechanically propelled vehicle adapted for use upon roads whether the
power of 1 Subs. & ins. by Act. 580 propulsion is transmitted
thereto from an external or internal source and includes a chassis to
which a body has not been attached and a trailer; but does not
include a vehicle running upon fixed rails or a vehicle of a special
type adapted for use only in a factory or in any other enclosed
premises or a vehicle having less than four wheels fitted with engine
capacity of not exceeding thirty-five cubic centimetres;
(29) "omnibus" means any motor vehicle constructed or
adapted to carry more than six persons excluding the driver;
(30) "owner" means a person in whose name a motor
vehicle stands registered, and where such person is a minor, the
guardian of such minor, and in relation to a motor vehicle which is
the subject of a hire-purchase, agreement, or an agreement of lease
or an agreement of hypothecation, the person in possession of the
vehicle under that agreement;
(31) "permit" means a permit issued by a State or
Regional Transport Authority or an authority prescribed in this
behalf under this Act authorising the use of a motor vehicle as a
transport vehicle;
(32) "prescribed" means prescribed by rules made under
this Act;
(33) "private service vehicle" means a motor vehicle
constructed or adapted to carry more than six persons excluding the
driver and ordinarily used by or on behalf of the owner of such
vehicle for the purpose of carrying persons for, or in connection
with, his trade or business otherwise than for hire or reward but
does not include a motor vehicle used for public purposes;
(34) "public place" means a road, street, way or other
place, whether a thoroughfare or not, to which the public have a
right of access, and includes any place or stand at which passengers
are picked up or set down by a stage carriage;
(35) "public service vehicle" means any motor vehicle
used or adapted to be used for the carriage of passengers for hire or
reward, and includes a maxicab, a motorcab, contract carriage, and
stage carriage;
(36) "registered axle weight" means in respect of the
axle of any vehicle, the axle weight certified and registered by the
registering authority as permissible for that axle;
(37) "registering authority" means an authority
empowered to register motor vehicles under Chapter IV;
(38) "route" means a line of travel which specifies the
highway which may be traversed by a motor vehicle between one
terminus and another;
(39) "semi-trailer" means a trailer drawn by a motor
vehicle and so constructed that a part of it is super-imposed on, and
a part of its weight is borne by, the drawing vehicle; 581
(40) "stage carriage" means a motor vehicle constructed
or adapted to carry more than six passengers excluding the driver for
hire or reward at separate fares paid by or for individual
passengers, either for the whole journey or for stages of the
journey;
(41) "State Government" in relation to a Union territory
means the Administrator thereof appointed under article 239 of the
Constitution;
(42) "State transport undertaking" means any undertaking
providing road transport service, where such undertaking is carried
on by,-- (i) the Central Government or a State Government; (ii) any
Road Transport Corporation established under section 3 of the Road
Transport Corporations Act, 1950; (64 of 1950.) (iii) any
municipality or any corporation or company owned or controlled by the
Central Government or one or more State Governments, or by the
Central Government and one or more State Governments.
Explanation.--For the purposes of this clause, "road transport
service" means a service of motor vehicles carrying passengers
or goods or both by road for hire or reward;
(43) "tourist vehicle" means a contract carriage
constructed or adapted and equipped and maintained in accordance with
such specifications as may be prescribed in this behalf;
(44) "tractor" means a motor vehicle which is not itself
constructed to carry any load (other than equipment used for the
purpose of propulsion); but excludes a road-roller;
(45) "traffic signs" includes all signals, warning sign
posts, direction posts, markings on the road or other devices for the
information, guidance or direction of drivers of motor vehicles;
(46) "trailer" means any vehicle, other than a
semi-trailer and a side-car, drawn or intended to be drawn by a motor
vehicle;
(47) "transport vehicle" means a public service vehicle,
a goods carriage, an educational institution bus or a private service
vehicle;
(48) "unladen weight" means the weight of a vehicle or
trailer including all equipment ordinarily used with the vehicle or
trailer when working, but excluding the weight of a driver or
attendant; and where alternative parts or bodies are used the unladen
weight of the vehicle means the weight of the vehicle with the
heaviest such alternative part or body;
(49) "weight" means the total weight transmitted for the
time being by the wheels of a vehicle to the surface on which the
vehicle rests, 582 CHAP LICENSING OF DRIVERS OF MOTOR VEHICLES
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
3. Necessity for driving licence. (1) No person shall drive a
motor vehicle in any public place unless he holds an effective
driving licence issued to him authorising him to drive the vehicle;
and no person shall so drive a transport vehicle [other than a motor
cab hired for his own use or rented under any scheme made under sub-
section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not
apply to a person receiving instructions in driving a motor vehicle
shall be such as may be prescribed by the Central Government.
4. Age limit in connection with driving of motor vehicles. (1) No
person under the age of eighteen years shall drive a motor vehicle in
any public place: Provided that a motor cycle without gear may be
driven in a public place by a person after attaining the age of
sixteen years.
(2) Subject to the provisions of section 18, no person under the
age of twenty years shall drive a transport vehicle in any public
place.
(3) No learner's licence or driving licence shall be issued to any
person to drive a vehicle of the class to which he has made an
application unless he is eligible to drive that class of vehicle
under this section.
3 and 4. 5. Responsibility of owners of motor vehicles for
contravention of sections 3 and 4. No owner or person in charge of a
motor vehicle shall cause or permit any person who does not satisfy
the provisions of section 3 or section 4 to drive the vehicle.
6. Restrictions on the holding of driving licences. (1) No person
shall, while he holds any driving licence for the time being in
force, hold any other driving licence except a learner's licence or a
driving licence issued in accordance with the provisions of section
18 or a document authorising, in accordance with the rules made under
section 139, the person specified therein to drive a motor vehicle.
(2) No holder of a driving licence or a learner's licence shall
permit it to be used by any other person.
(3) Nothing in this section shall prevent a licensing authority
having the jurisdiction referred to in sub-section (1) of section
9 from adding to the classes of vehicles which the driving licence
authorises the holder to drive.
7. Restrictions on the granting of learner's licences for certain
vehicles. (1) No person shall be granted a learner's licence-- (a)
to drive a heavy goods vehicle unless he has held a driving licence
for at least two years to drive a light motor vehicle or for at least
one year to drive a medium goods vehicle; (b) to drive a heavy
passenger motor vehicle unless he has held a driving licence for at
least two years to drive a light motor vehicle or for at least one
year to drive a medium passenger motor vehicle; 583 (c) to drive a
medium goods vehicle or a medium passenger motor vehicle unless he
has held a driving licence for at least one year to drive a light
motor vehicle.
(2) No person under the age of eighteen years shall be granted a
learner's licence to drive a motor cycle without gear except with the
consent in writing of the person having the care of the person
desiring the learner's licence.
8. Grant of learner's licence. (1) Any person who is not
disqualified under section 4 for driving a motor vehicle and who is
not for the time being disqualified for holding or obtaining a
driving licence may, subject to the provisions of section 7, apply to
the licensing authority having jurisdiction in the area-- (i) in
which he ordinarily resides or carries on business, or (ii) in which
the school or establishment referred to in section 12 from where he
intends to receive instruction in driving a motor vehicle is situate,
for the issue to him of a learner's licence.
(2) Every application under sub-section (1) shall be in such form
and shall be accompanied by such documents and with such fee as may
be prescribed by the Central Government.
(3) Every application under sub-section (1) shall be accompanied
by a medical certificate in such form as may be prescribed by the
Central Government and signed by such registered medical
practitioner, as the State Government or any person authorised in
this behalf by the State Government may, by notification in the
Official Gazette, appoint for this purpose.
(4) If, from the application or from the medical certificate
referred to in sub-section (3), it appears that the applicant is
suffering from any disease or disability which is likely to cause the
driving by him of a motor vehicle of the class which he would be
authorised by the learner's licence applied for to drive to be a
source of danger to the public or to the passengers, the licensing
authority shall refuse to issue the learner's licence: Provided that
a learner's licence limited to driving an invalid carriage may be
issued to the applicant, if the licensing authority is satisfied that
he is fit to drive such a carriage.
(5) No learner's licence shall be issued to any applicant unless
he passes to the satisfaction of the licensing authority such test as
may be prescribed by the Central Government.
(6) When an application has been duly made to the appropriate
licensing authority and the applicant has satisfied such authority of
his physical fitness under sub-section (3) and has passed to the
satisfaction of the licensing authority the test referred to in sub-
section (5), the licensing authority shall, subject to the
provisions of section 7, issue the applicant a learner's licence
unless the applicant is disqualified under section 4 for driving a
motor vehicle or is for the time being disqualified for holding or
obtaining a licence to drive a motor vehicle: 584 Provided that a
licensing authority may issue a learner's licence to drive a motor
cycle or a light motor vehicle notwithstanding that it is not the
appropriate licensing authority, if such authority is satisfied that
there is good reason for the applicant's inability to apply to the
appropriate licensing authority.
(7) Where the Central Government is satisfied that it is necessary
or expedient so to do, it may, by rules made in this behalf, exempt
generally, either absolutely or subject to such conditions as may be
specified in the rules, any class of persons from the
provisions of sub-section (3), or sub-section (5), or both.
(8) Any learner's licence for driving a motor cycle in force
immediately before the commencement of this Act shall, after such
commencement, be deemed to be effective for driving a motor cycle
with or without gear.
9. Grant of driving licence. (1) Any person who is not for the
time being disqualified for holding or obtaining a driving licence
may apply to the licensing authority having jurisdiction in the
area-- (i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12
from where he is receiving or has received instruction in driving a
motor vehicle is situated, for the issue to him of a driving licence.
(2) Every application under sub-section (1) shall be in such form
and shall be accompanied by such fee and such documents as may be
prescribed by the Central Government.
(3) No driving licence shall be issued to any applicant unless he
passes to the satisfaction of the licensing authority such test of
competence to drive as may be prescribed by the Central Government:
Provided that, where the application is for a driving licence to
drive a motor cycle or a light motor vehicle, the licensing authority
shall exempt the applicant from the test of competence prescribed
under this sub-section, if the licensing authority is satisfied-- (a)
(i) that the applicant has previously held a driving licence and that
the period between the date of expiry of that licence and the date of
such application does not exceed five years; or (ii) that the
applicant holds or has previously held a driving licence issued under
section 18; or (iii) that the applicant holds a driving licence
issued by a competent authority of any country outside India; and (b)
that the applicant is not suffering from any disease or disability
which is likely to cause the driving by him of a motor cycle or, as
the case may be, a light motor vehicle to be a source of danger to
the public; and the licensing authority may for that purpose require
the applicant to produce a medical certificate in the same form and
in the same manner as is
referred to in sub-section (3) of section 8: 585 Provided further
that where the application is for a driving licence to drive a motor
vehicle (not being a transport vehicle), the licensing authority may
exempt the applicant from the test of competence to drive prescribed
under this sub-section, if the applicant possesses a driving
certificate issued by an automobile association recognised in this
behalf by the State Government.
(4) Where the application is for a licence to drive a transport
vehicle, no such authorisation shall be granted to any applicant
unless he possesses such minimum educational qualification as may be
prescribed by the Central Government and a driving certificate issued
by a school or establishment referred to in section 12.
(5) Where the applicant does not pass to the satisfaction of the
licensing authority the test of competence to drive under sub-section
(3), he shall not be qualified to re-appear for such test,-- (a)
in the case of first three such tests, before a period of one month
from the date of last such test; and (b) in the case of such test
after the first three tests, before a period of one year from the
date of last such test.
(6) The test of competence to drive shall be carried out in a
vehicle of the type to which the application refers: Provided that a
person who passed a test in driving a motor cycle with gear shall be
deemed also to have passed a test in driving a motor cycle without
gear.
(7) When any application has been duly made to the appropriate
licensing authority and the applicant has satisfied such authority of
his competence to drive, the licensing authority shall issue the
applicant a driving licence unless the applicant is for the time
being disqualified for holding or obtaining a driving licence:
Provided that a licensing authority may issue a driving licence to
drive a motor cycle or a light motor vehicle notwithstanding that it
is not the appropriate licensing authority, if the licensing
authority is satisfied that there is good and sufficient reason for
the applicant's inability to apply to the appropriate licensing
authority: Provided further that the licensing authority shall not
issue a new driving licence to the applicant, if he had previously
held a driving licence, unless it is satisfied that there is good and
sufficient reason for his inability to obtain a duplicate copy of his
former licence.
(8) If the licensing authority is satisfied, after giving the
applicant an opportunity of being heard, that he-- (a) is a habitual
criminal or a habitual drunkard; or (b) is a habitual addict to any
narcotic drug or psychotropic substance within the meaning of the
Narcotic Drugs and Psychotropic Substances Act, 1985; (61 of 1985.)
or (c) is a person whose licence to drive any motor vehicle has, at
any time earlier, been revoked, it may, for reasons to be recorded
tin writing, make an order refusing to issue a driving licence to
such person and any person aggrieved by 586 an order made by a
licensing authority under this sub-section may, within thirty days of
the receipt of the order, appeal to the prescribed authority.
(9) Any driving licence for driving a motor cycle in force
immediately before the commencement of this Act shall, after such
commencement, be deemed to be effective for driving a motor cycle
with or without gear.
10. Form and contents of licences to drive. (1) Every learner's
licence and driving licence, except a driving licence issued under
section 18, shall be in such form and shall contain such information
as may be prescribed by the Central Government.
(2) A learner's licence or, as the case may be, driving licence
shall also be expressed as entitling the holder to drive a motor
vehicle of one or more of the following classes, namely:-- (a) motor
cycle without gear; (b) motor cycle with gear; (c) invalid carriage;
(d) light motor vehicle; (e) medium goods vehicle; (f) medium
passenger motor vehicle; (g) heavy goods vehicle; (h) heavy passenger
motor vehicle; (i) road-roller; (j) motor vehicle of a specified
description.
11. Additions to driving licence. (1) Any person holding a driving
licence to drive any class or description of motor vehicles, who is
not for the time being disqualified for holding or obtaining a
driving licence to drive any other class or description of motor
vehicles, may apply to the licensing authority having jurisdiction in
the area in which he resides or carries on his business in such form
and accompanied by such documents and with such fees as may be
prescribed by the Central Government for the addition of such other
class or description of motor vehicles to the licence.
(2) Subject to such rules as may be prescribed by the Central
Government, the provisions of section 9 shall apply to an application
under this section as if the said application were for the grant of a
licence under that section to drive the class or description of motor
vehicles which the applicant desires to be added to his licence.
impartinginstruction in driving of motor vehicles. 12. Licensing
and regulation of schools or establishments for
imparting instruction in driving of motor vehicles. (1) The
Central Government may make rules for the purpose of licensing and
regulating, by the State Governments, schools or establishments (by
whatever name called) for imparting instruction in driving of motor
vehicles and matters connected therewith. 587
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-- (a) licensing of such schools or
establishments including grant, renewal and revocation of such
licences; (b) supervision of such schools or establishments; (c) the
form of application and the form of licence and the particulars to be
contained therein; (d) fee to be paid with the application for such
licences; (e) conditions subject to which such licences may be
granted; (f) appeals against the orders of refusal to grant or renew
such licences and appeals against the orders revoking such licences;
(g) conditions subject to which a person may establish and maintain
any such school or establishment for imparting instruction in driving
of motor vehicles; (h) nature, syllabus and duration of course or
courses for efficient instruction in driving any motor vehicle; (i)
apparatus and equipments (including motor vehicles fitted with dual
control) required for the purpose of imparting such instruction; (j)
suitability of the premises at which such schools or establishments
may be established or maintained and facilities to be provided
therein; (k) qualifications, both educational and professional
(including experience), which a person imparting instruction in
driving a motor vehicle shall possess; (l) inspection of such schools
and establishments (including the services rendered by them and the
apparatus, equipments and motor vehicles maintained by them for
imparting such instruction); (m) maintenance of records by such
schools or establishments; (n) financial stability of such schools or
establishments; (o) the driving certificates, if any, to be issued by
such schools or establishments and the form in which such driving
certificates shall be issued and the requirements to be complied with
for the purposes of issuing such certificates; (p) such other matters
as may be necessary to carry out the purposes of this section.
(3) Where the Central Government is satisfied that it is necessary
or expedient so to do, it may, by rules made in this behalf, exempt
generally, either absolutely or subject to such conditions as may be
specified in the rules, any class of schools or establishments
imparting instruction in driving of motor vehicles or matters
connected therewith from the provisions of this section. ]88
(4) A school or establishment imparting instruction in driving of
motor vehicles or matters connected therewith immediately before the
commencement of this Act whether under a licence or not, may continue
to impart such instruction without a licence issued under this Act
for a period of one month from such commencement, and if it has made
an application for such licence under this Act within the said period
of one month and such application is in the prescribed form, contains
the prescribed particulars and is accompanied by the prescribed fee,
till the disposal of such application by the licensing authority.
13. Extent of effectiveness of licences, to drive motor vehicles.
A learner's licence or a driving licence issued under this Act shall
be effective throughout India.
14. Currency of licences to drive motor vehicles. (1) A learner's
licence issued under this Act shall, subject to the other provisions
of this Act, be effective for a period of six months from the date of
issue of the licence.
(2) A driving licence issued or renewed under this Act shall,--
(a) in the case of a licence to drive a transport vehicle, be
effective for a period of three years; and (b) in the case of any
other licence,-- (i) if the person obtaining the licence, either
originally or on renewal thereof, has not attained the age of forty
years on the date of issue or, as the case may be, renewal thereof,--
(A) be effective for a period of twenty years from the date of such
issue or renewal; or (B) until the date on which such person attains
the age of forty years, whichever is earlier; (ii) if the person
referred to in sub-clause (i) has attained the age of forty years on
the date of issue or, as the case may be, renewal thereof, be
effective for a period of five years from the date of such issue or
renewal: Provided that every driving licence shall, notwithstanding
its expiry under this sub-section, continue to be effective for a
period of thirty days from such expiry.
15. Renewal of driving licences. (1) Any licensing authority may,
on application made to it, renew a driving licence issued under the
provisions of this Act with effect from the date of its expiry:
Provided that in any case where the application for the renewal of a
licence is made more than thirty days after the date of its expiry,
the driving licence shall be renewed with effect from the date of its
renewal: Provided further that where the application is for the
renewal of a licence to drive a transport vehicle or where in any
other case the applicant has attained the age of forty years, the
same shall be 589 accompanied by a medical certificate in the same
form and in the same
manner as is referred to in sub-section (3) of section 8, and the
provisions of sub-section (4) of section 8 shall, so far as may
be, apply in relation to every such case as they apply in relation to
a learner's licence.
(2) An application for the renewal of a driving licence shall be
made in such form and accompanied by such documents as may be
prescribed by the Central Government.
(3) Where an application for the renewal of a driving licence is
made previous to, or not more than thirty days after the date of its
expiry, the fee payable for such renewal shall be such as may be
prescribed by the Central Government in this behalf.
(4) Where an application for the renewal of a driving licence is
made more than thirty days after the date of its expiry, the fee
payable for such renewal shall be such amount as may be prescribed by
the Central Government:
Provided that the fee referred to in sub-section (3) may be
accepted by the licensing authority in respect of an application for
the renewal of a driving licence made under this sub-section if it is
satisfied that the applicant was prevented by good and sufficient
cause from applying within the time specified in sub-section (3):
Provided further that if the application is made more than five years
after the driving licence has ceased to be effective, the licensing
authority may refuse to renew the driving licence, unless the
applicant undergoes and passes to its satisfaction the test of
competence to drive referred to in sub-section (3) of section 9.
(5) Where the application for renewal has been rejected, the fee
paid shall be refunded to such extent and in such manner as may be
prescribed by the Central Government.
(6) Where the authority renewing the driving licence is not the
authority which issued the driving licence it shall intimate the fact
of renewal to the authority which issued the driving licence.
16. Revocation of driving licence on grounds of disease or
disability. Notwithstanding anything contained in the foregoing
sections, any licensing authority may at any time revoke a driving
licence or may require, as a condition of continuing to hold such
driving licence, the holder thereof to produce a medical certificate
in the same form and in the same manner as is referred to in sub-
section (3) of section 8, if the licensing authority has
reasonable grounds to belive that the holder of the driving licence
is, by virtue of any disease or disability, unfit to drive a motor
vehicle and where the authority revoking a driving licence is not the
authority which issued the same, it shall intimate the fact of
revocation to the authority which issued that licence.
17. Orders refusing or revoking driving licences and appeals
there-from. (1) Where a licensing authority refuses to issue any
learner's licence or to issue or renew, or revokes, any driving
licence, or refuses to add a class or description of motor vehicle to
any driving licence, it shall do so by an order communicated to the
applicant or the holder, as the case may be, giving the reasons in
writing for such refusal or revocation. 590
(2) Any person aggrieved by an order made under sub-section (1)
may, within thirty days of the service on him of the order, appeal to
the prescribed authority which shall decide the appeal after giving
such person and the authority which made the order an opportunity of
being heard and the decision of the appellate authority shall be
binding on the authority which made the order.
CentralGovernment. 18. Driving licences to drive motor vehicles,
belonging to the
Central Government. (1) Such authority as may be prescribed by the
Central Government may issue driving licence valid throughout India
to persons who have completed their eighteenth year to drive motor
vehicles which are the property or for the time being under the
exclusive control of the Central Government and are used for
Government purposes relating to the defence of the country and
unconnected with any commercial enterprise.
(2) A driving licence issued under this section shall specify the
class or description of vehicle which the holder is entitled to drive
and the period for which he is so entitled.
(3) A driving licence issued under this section shall not entitle
the holder to drive any motor vehicle except a motor vehicle referred
to in sub-section (1).
(4) The authority issuing any driving licence under this section
shall, at the request of any State Government, furnish such
information respecting any person to whom a driving licence is issued
as that Government may at any time require.
or revoke such licence. 19. Power of licensing authority to
disqualify from holding a
driving licence or revoke such licence. (1) If a licensing
authority is satisfied, after giving the holder of a driving licence
an opportunity of being heard, that he-- (a) is a habitual criminal
or a habitual drunkard; or (b) is a habitual addict to any narcotic
drug or psychotropic substance within the meaning of the Narcotic
Drugs and Psychotropic Substances Act, 1985; (61 of 1985.) or (c) is
using or has used a motor vehicle in the commission of a cognizable
offence; or (d) has by his previous conduct as driver of a motor
vehicle shown that his driving is likely to be attended with danger
to the public; or (e) has obtained any driving licence or a licence
to drive a particular class or description of motor vehicle by fraud
or misrepresentation; or (f) has committed any such act which is
likely to cause nuisance or danger to the public, as may be
prescribed by the Central Government, having regard to the objects of
this Act; or (g) has failed to submit to, or has not passed, the
tests
referred to in the proviso to sub-section (3) of section 22; or
(h) being a person under the age of eighteen years who has been
granted a learner's licence or a driving licence with the consent 591
in writing of the person having the care of the holder of the licence
and has ceased to be in such care, it may, for reasons to be recorded
in writing, make an order-- (i) disqualifying that person for a
specified period for holding or obtaining any driving licence to
drive all or any classes or descriptions of vehicles specified in the
licence; or (ii) revoke any such licence.
(2) Where an order under sub-section (1) is made, the holder of a
driving licence shall forthwith surrender his driving licence to the
licensing authority making the order, if the driving licence has not
already been surrendered, and the licensing authority shall,-- (a) if
the driving licence is a driving licence issued under this Act, keep
it until the disqualification has expired or has been removed; or (b)
if it is not a driving licence issued under this Act, endorse the
disqualification upon it and send it to the licensing authority by
which it was issued; or (c) in the case of revocation of any licence,
endorse the revocation upon it and if it is not the authority which
issued the same, intimate the fact of revocation to the authority
which issued that licence: Provided that where the driving licence of
a person authorises him to drive more than one class or description
of motor vehicles and
the order, made under sub-section (1), disqualifies him from
driving any specified class or description of motor vehicles, the
licensing authority shall endorse the disqualification upon the
driving licence and return the same to the holder.
(3) Any person aggrieved by an order made by a licensing
authority under sub-section (1) may, within thirty days of the
receipt of the order, appeal to the prescribed authority, and such
appellate authority shall give notice to the licensing authority and
hear either party if so required by that party and may pass such
order as it thinks fit and an order passed by any such appellate
authority shall be final.
20. Power of Court to disqualify. (1) Where a person is convicted
of an offence under this Act or of an offence in the commission of
which a motor vehicle was used, the Court by which such person is
convicted may, subject to the provisions of this Act, in addition to
imposing any other punishment authorised by law, declare the persons
so convicted to be disqualified, for such period as the Court may
specify, from holding any driving licence to drive all classes or
description of vehicles, or any particular class or description of
such vehicles, as are specified in such licence: Provided that in
respect of an offence punishable under section 183 no such order
shall be made for the first or second offence.
(2) Where a person is convicted of an offence under clause (c) of
sub-section (1) of section 132, section 134 or section 185, the
Court convicting any person of any such offence shall order the
disqualification under sub-section (1), and if the offence is
relatable to clause (c) of sub-section 592
(1) of section 132 or section 134, such disqualification shall be
for a period of not less than one month, and if the offence is
relatable to section 185, such disqualification shall be for a period
of not less than six months.
(3) A Court shall, unless for special reasons to be recorded in
writing it thinks fit to order otherwise, order the disqualification
of a person-- (a) who having been convicted of an offence punishable
under section 184 is again convicted of an offence punishable under
that section, (b) who is convicted of an offence punishable under
section 189, or (c) who is convicted of an offence punishable under
section 192: Provided that the period of disqualification shall not
exceed, in the case referred to in clause (a), five years, or, in the
case referred to in clause (b), two years or, in the case referred to
in clause (c), one year.
(4) A Court ordering the disqualification of a person convicted of
an offence punishable under section 184 may direct that such person
shall, whether he has previously passed the test of competence to
drive as referred to in sub-section (3) of section 9 or not,
remain disqualified until he has subsequent to the making of the
order of disqualification passed that test to the satisfaction of the
licensing authority.
(5) The Court to which an appeal would ordinarily lie from any
conviction of an offence of the nature specified in sub-section
(1) may set aside or vary any order of disqualification made under
that sub-section notwithstanding that no appeal would lie against the
conviction as a result of which such order of disqualification was
made.
21. Suspension of driving licence in certain cases. (1) Where, in
relation to a person who had been previously convicted of an offence
punishable under section 184, a case is registered by a police
officer on the allegation that such person has, by such dangerous
driving as is referred to in the said section 184, of any class or
description of motor vehicle caused the death of, or grievous hurt
to, one or more persons, the driving licence held by such person
shall in relation to such class or description of motor vehicle
become suspended-- (a) for a period of six months from the date on
which the case is registered, or (b) if such person is discharged or
acquitted before the expiry of the period aforesaid, until such
discharge or acquittal, as the case may be.
(2) Where by virtue of the provisions of sub-section (1), the
driving licence held by a person becomes suspended, the police
officer, by whom the case referred to in sub-section (1) is
registered, shall bring such suspension to the notice of the Court
competent to take cognizance of such offence, and thereupon, such
Court shall take possession of the driving licence, endorse the
suspension thereon and intimate the fact of such endorsement to the
licensing authority by which the licence was granted or last renewed.
593
(3) Where the person referred to in sub-section (1) is acquitted
or discharged, the Court shall cancel the endorsement on such driving
licence with regard to the suspension thereof.
(4) If a driving licence in relation to a particular class or
description of motor vehicles is suspended under sub-section (1),
the person holding such licence shall be debarred from holding or
obtaining any licence to drive such particular class or description
of motor vehicles so long as the suspension of the driving licence
remains in force.
22. Suspension or cancellation of driving licence on conviction.
(1) Without prejudice to the provisions of sub-section (3) of
section
20 where a person, referred to in sub-section (1) of section 21 is
convicted of an offence of causing, by such dangerous driving as is
referred to in section 184 of any class or description of motor
vehicle the death of, or grievous hurt to, one or more persons, the
Court by which such person is convicted may cancel, or suspend for
such period as it may think fit, the driving licence held by such
person in so far as it relates to that class or description of motor
vehicle.
(2) Without prejudice to the provisions of sub-section (2) of
section 20, if a person, having been previously convicted of an
offence punishable under section 185 is again convicted of an offence
punishable under that section, the Court, making such subsequent
conviction, shall, by order, cancel the driving licence held by such
person.
(3) If a driving licence is cancelled or suspended under this
section, the Court shall take the driving licence in its custody,
endorse the cancellation or, as the case may be, suspension, thereon
and send the driving licence so endorsed to the authority by which
the licence was issued or last renewed and such authority shall, on
receipt of the licence, keep the licence in its safe custody, and in
the case of a suspended licence, return the licence to the holder
thereof after the expiry of the period of suspension on an
application made by him for such return: Provided that no such
licence shall be returned unless the holder thereof has, after the
expiry of the period of suspension, undergone and passed, to the
satisfaction of the licensing authority by which the licence was
issued or last renewed, a fresh test of competence to
drive referred to in sub-section (3) of section 9 and produced a
medical certificate in the same form and in the same manner as is
referred to in sub-section (3) of section 8.
(4) If a licence to drive a particular class or description of
motor vehicles is cancelled or suspended under this section, the
person holding such a licence shall be debarred from holding, or
obtaining, any licence to drive such particular class or description
of motor vehicles so long as the cancellation or suspension of the
driving licence remains in force.
23. Effect of disqualification order. (1) A person in respect of
whom any disqualification order is made under section 19 or section
20 shall be debarred to the extent and for the period specified in
such order from holding or obtaining a driving licence and the
driving licence, if any, held by such person at the date of the order
shall cease to be effective to such extent and during such period.
594
(2) The operation of a disqualification order made under section
20 shall not be suspended or postponed while an appeal is pending
against such order or against the conviction as a result of which
such order is made, unless the appellate court so directs.
(3) Any person in respect of whom any disqualification order has
been made may at any time after the expiry of six months from the
date of the order apply to the Court or other authority by which the
order was made, to remove the disqualification; and the Court or
authority, as the case may be, may, having regard to all the
circumstances, either cancel or vary the disqualification order:
Provided that where the Court or other authority refuses to cancel or
vary any disqualification order under this section, a second
application thereunder shall not be entertained before the expiry of
a period of three months from the date of such refusal.
24. Endorsement. (1) The Court or authority making an order of
disqualification shall endorse or cause to be endorsed upon the
driving licence if any, held by the person disqualified, particulars
of the order of disqualification and of any conviction of an offence
in respect of which an order of disqualification is made; and
particulars of any cancellation or variation of an order of
disqualification made under sub-section (3) of section 23 shall be
similarly so endorsed.
(2) A Court by which any person is convicted of an offence under
this Act as may be prescribed by the Central Government, having
regard to the objects of this Act, shall, whether or not a
disqualification order is made in respect of such conviction, endorse
or cause to be endorsed particulars of such conviction on any driving
licence held by the person convicted.
(3) Any person accused of an offence prescribed under sub-section
(2) shall when attending the Court bring with him his driving
licence if it is in his possession.
(4) Where any person is convicted of any offence under this Act
and sentenced to imprisonment for a period exceeding three months the
Court awarding the sentence shall endorse the fact of such sentence
upon the driving licence of the person concerned and the prosecuting
authority shall intimate the fact of such endorsement to the
authority by which the driving licence was granted or last renewed.
(5) When the driving licence is endorsed or caused to be endorsed
by any Court, such Court shall send the particulars of the
endorsement to the licensing authority by which the driving licence
was granted or last renewed.
(6) Where on an appeal against any conviction or order of a Court,
which has been endorsed on a driving licence, the appellate court
varies or sets aside the conviction or order, the appellate court
shall inform the licensing authority by which the driving licence was
granted or last renewed and such authority shall amend or cause to be
amended the endorsement. 595
fromendorsement. 25. Transfer of endorsement and issue of driving
licence free
from endorsement. (1) An endorsement on any driving licence shall
be transferred to any new or duplicate driving licence obtained by
the holder thereof until the holder becomes entitled under the
provisions of this section to have a driving licence issued to him
free from endorsement.
(2) Where a driving licence is required to be endorsed and the
driving licence is not in the possession of the Court or authority by
which the endorsement is to be made, then-- (a) if the person in
respect of whom the endorsement is to be made is at the time the
holder of a driving licence, he shall produce the driving licence to
the Court or authority within five days, or such longer time as the
Court or authority may fix; or (b) if, not being then the holder of a
driving licence, he subsequently obtains a driving licence, he shall
within five days after obtaining the driving licence produce it to
the Court or authority, and if the driving licence is not produced
within the time specified, it shall, on the expiration of such time,
be of no effect until it is produced for the purpose of endorsement.
(3) A person whose driving licence has been endorsed shall, if
during a continuous period of three years after such endorsement no
further endorsement has been made against him, be entitled on
surrendering his driving licence free from all endorsements: Provided
that if the endorsement is only in respect of an offence contravening
the speed limits referred to in section 112, such person shall be
entitled to receive a new driving licence free from such endorsements
on the expiration of one year of the date of the endorsement:
Provided further that in reckoning the said period of three years and
one year, respectively, any period during which the said person was
disqualified for holding or obtaining a driving licence shall be
excluded.
26. Maintenance of State Registers of Driving Licences. (1) Each
State Government shall maintain, in such form as may be prescribed by
the Central Government, a register to be known as the State Register
of Driving Licences, in respect of driving licences issued and
renewed by the licensing authorities of the State Government,
containing the following particulars, namely:-- (a) names and
addresses of holders of driving licences; (b) licence numbers; (c)
dates of issue or renewal of licences; (d) dates of expiry of
licences; (e) classes and types of vehicles authorised to be driven;
and (f) such other particulars as the Central Government may
prescribe.
(2) Each State Government shall supply to the Central Government a
printed copy of the State Register of Driving Licences and shall
inform the Central Government without delay of all additions to and
other amendments in such register made from time to time. 596
(3) The State Register of Driving Licences shall be maintained in
such manner as may be prescribed by the State Government.
27. Power of Central Government to make rules. The Central
Government may make rules--
(a) regarding conditions referred to in sub-section (2) of section
3; (b) providing for the form in which the application for learner's
licence may be made, the information it shall contain and the
documents to be submitted with the application referred
to in sub-section (2) of section 8; (c) providing for the form of
medical certificate referred
to in sub-section (3) of section 8; (d) providing for the
particulars for the test referred to
in sub-section (5) of section 8; (e) providing for the form in
which the application for driving licence may be made, the
information it shall contain and the documents to be submitted with
the application referred to in
sub-section (2) of section 9; (f) providing for the particulars
regarding test of
competence to drive, referred to in sub-section (3) of section 9;
(g) specifying the minimum educational qualifications of persons to
whom licences to drive transport vehicles may be issued under this
Act and the time within which such qualifications are to be acquired
by such persons; (h) providing for the form and contents of the
licences
referred to in sub-section (1) of section 10; (i) providing for
the form and contents of the application
referred to in sub-section (1) of section 11 and documents to be
submitted with the application and the fee to be charged; (j)
providing for the conditions subject to which section 9 shall apply
to an application made under section 11; (k) providing for the form
and contents of the application
referred to in sub-section (1) of section 15 and the documents to
accompany such application under sub-section (2) of section 15;
(l) providing for the authority to grant licences under sub-
section (1) of section 18;
(m) specifying the fees payable under sub-section (2) of
section 8, sub-section (2) of section 9 and sub-sections (3) and
(4) of section 15 for the grant of learner's licences, and for the
grant and renewal of driving licences and licences for the purpose of
regulating the schools or establishment for imparting instructions in
driving motor vehicles; (n) specifying the acts for the purposes of
clause (f) of
sub-section (1) of section 19; (o) specifying the offences under
this Act for the purposes
of sub-section (2) of section 24; (p) to provide for all or any of
the matters referred to in
sub-section (1) of section 26; 597 (q) any other matter which is,
or has to be, prescribed by the Central Government.
28. Power of State Government to make rules. (1) A State
Government may make rules for the purpose of carrying into effect the
provisions of this Chapter other than the matters specified in
section
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-- (a) the appointment, jurisdiction,
control and functions of licensing authorities and other prescribed
authorities; (b) the conduct and hearing of appeals that may be
preferred under this Chapter, the fees to be paid in respect of such
appeals and the refund of such fees: Provided that no fee so fixed
shall exceed twenty-five rupees; (c) the issue of duplicate licences
to replace licences lost, destroyed or mutilated, the replacement of
photographs which have become obsolete and the fees to be charged
therefor; (d) the badges and uniform to be worn by drivers of
transport vehicles and the fees to be paid in respect of badges; (e)
the fee payable for the issue of a medical certificate
under sub-section (3) of section 8; (f) the exemption of
prescribed persons, or prescribed classes of persons, from payment of
all or any portion of the fees payable under this Chapter; (g) the
communication of particulars of licences granted by one licensing
authority to other licensing authorities; (h) the duties, functions
and conduct of such persons to whom licences to drive transport
vehicles are issued; (i) the exemption of drivers of road-rollers
from all or any of the provisions of this Chapter or of the rules
made thereunder; (j) the manner in which the State Register of
Driving Licences shall be maintained under section 26; (k) any other
matter which is to be, or may be, prescribed. CHAP LICENSING OF
CONDUCTORS OF STAGE CARRIAGES CHAPTER III LICENSING OF CONDUCTORS OF
STAGE CARRIAGES
29. Necessity for conductor's licence. (1) No person shall act as
a conductor of a stage carriage unless he holds an effective
conductor's licence issued to him authorising him to act as such
conductor; and no person shall employ or permit any person who is not
so licensed to act as a conductor of a stage carriage.
(2) A State Government may prescribe the conditions subject to
which sub-section (1) shall not apply to a driver of a stage
carriage performing the functions of a conductor or to a person
employed to act as a conductor for a period not exceeding one month.
598
30. Grant of conductor's licence. (1) Any person who possesses
such minimum educational qualification as may be prescribed by the
State Government and is not disqualified under sub-section (1) of
section 31 and who is not for the time being disqualified for holding
or obtaining a conductor's licence may apply to the licensing
authority having jurisdiction in the area in which he ordinarily
resides or carries on business for the issue to him of a conductor's
licence.
(2) Every application under sub-section (1) shall be in such form
and shall contain such information as may be prescribed.
(3) Every application for a conductor's licence shall be
accompanied by a medical certificate in such form as may be
prescribed, signed by a registered medical practitioner and shall
also be accompanied by two clear copies of a recent photograph of the
applicant.
(4) A conductor's licence issued under this Chapter shall be in
such form and contain such particulars as may be prescribed and shall
be effective throughout the State in which it is issued.
(5) The fee for a conductor's licence and for each renewal thereof
shall be one-half of that for a driving licence.
31. Disqualifications for the grant of conductor's licence. (1) No
person under the age of eighteen years shall hold, or be granted, a
conductor's licence.
(2) The licensing authority may refuse to issue a conductor's
licence-- (a) if the applicant does not possess the minimum
educational qualification; (b) if the medical certificate produced by
the applicant discloses that he is physically unfit to act as a
conductor; and (c) if any previous conductor's licence held by the
applicant was revoked.
ordisability. 32. Revocation of a conductor's licence on grounds
of disease or disability. A conductor's licence may at any time be
revoked by any licensing authority if that authority has reasonable
grounds to believe that the holder of the licence is suffering from
any disease or disability which is likely to render him permanently
unfit to hold such a licence and where the authority revoking a
conductor's licence is not the authority which issued the same, it
shall intimate the fact of such revocation to the authority which
issued that licence: Provided that before revoking any licence, the
licensing authority shall give the person holding such licence a
reasonable opportunity of being heard.
33. Orders refusing, etc, conductor's licences and appeals there-
from. (1) Where a licensing authority refuses to issue or renew,
or revokes any conductor's licence, it shall do so by an order
communicated to the applicant or the holder, as the case may be,
giving the reasons in writing for such refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (1)
may, within thirty days of the service on him of the order, appeal to
the prescribed authority which shall decide the appeal after giving
such person and the authority which made the order an opportunity of
being heard and the decision of the appellate authority shall be
binding on the authority which made the order. 599
34. Power of licensing authority to disqualify. (1) If any
licensing authority is of opinion that it is necessary to disqualify
the holder of a conductor's licence for holding or obtaining such a
licence on account of his previous conduct as a conductor, it may,
for reasons to be recorded, make an order disqualifying that person
for a specified period, not exceeding one year, for holding or
obtaining a conductor's licence: Provided that before disqualifying
the holder of a licence, the licensing authority shall give the
person holding such licence a reasonable opportunity of being heard.
(2) Upon the issue of any such order, the holder of the
conductor's licence shall forthwith surrender the licence to the
authority making the order, if the licence has not already been
surrendered, and the authority shall keep the licence until the
disqualification has expired or has been removed.
(3) Where the authority disqualifying the holder of a conductor's
licence under this section is not the authority which issued the
licence, it shall intimate the fact of such disqualification to the
authority which issued the same.
(4) Any person aggrieved by an order made under sub-section (1)
may, within thirty days of the service on him of the order, appeal to
the prescribed authority which shall decide the appeal after giving
such person and the authority which made the order an opportunity of
being heard and the decision of the appellate authority shall be
binding on the authority which made the order.
35. Power of Court to disqualify. (1) Where any person holding a
conductor's licence is convicted of an offence under this Act, the
Court by which such person is convicted may, in addition to imposing
any other punishment authorised by law, declare the person so
convicted to be disqualified for such period as the Court may specify
for holding a conductor's licence.
(2) The Court to which an appeal lies from any conviction of an
offence under this Act may set aside or vary any order of
disqualification made by the Court below, and the Court to which
appeals ordinarily lie from such Court, may set aside or vary any
order of disqualification made by that Court, notwithstanding that no
appeal lies against the conviction in connection with which such
order was made.
36. Certain provisions of Chapter II to apply to conductor's
licence. The provisions of sub-section (2) of section 6, sections
14,
15 and 23, sub-section (1) of section 24 and section 25 shall, so
far as may be, apply in relation to a conductor's licence, as they
apply in relation to a driving licence.
37. Savings. If any licence to act as a conductor of a stage
carriage (by whatever name called) has been issued in any State and
is effective immediately before the commencement of this Act, it
shall continue to be effective, notwithstanding such commencement,
for the period for which it would have been effective, if this Act
had not been passed, and every such licence shall be deemed to be a
licence issued under this 600 Chapter as if this Chapter had been in
force on the date on which that licence was granted.
38. Power of State Government to make rules. (1) A State
Government may make rules for the purpose of carrying into effect the
provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-- (a) the appointment, jurisdiction,
control and functions of licensing authorities and other prescribed
authorities under this Chapter; (b) the conditions subject to which
drivers of stage carriages performing the functions of a conductor
and persons temporarily employed to act as conductors may be exempted
from
the provisions of sub-section (1) of section 29; (c) the minimum
educational qualifications of conductors; their duties and functions
and the conduct of persons to whom conductor's licences are issued;
(d) the form of application for conductor's licences or for renewal
of such licences and the particulars it may contain; (e) the form in
which conductor's licences may be issued or renewed and the
particulars it may contain; (f) the issue of duplicate licences to
replace licences lost, destroyed or mutilated, the replacement of
photographs which have become obsolete and the fees to be charged
therefor; (g) the conduct and hearing of appeals that may be
preferred under this Chapter, the fees to be paid in respect of such
appeals and the refund of such fees: Provided that no fee so fixed
shall exceed twenty-five rupees; (h) the badges and uniform to be
worn by conductors of stage carriages and the fees to be paid in
respect of such badges; (i) the grant of the certificates referred to
in sub-section
(3) of section 30 by registered medical practitioners and the form
of such certificates; (j) the conditions subject to which, and the
extent to which, a conductor's licence issued in another State shall
be effective in the State; (k) the communication of particulars of
conductor's licences from one authority to other authorities; and (l)
any other matter which is to be, or may be, prescribed. CHAP
REGISTRATION OF MOTOR VEHICLES CHAPTER IV REGISTRATION OF MOTOR
VEHICLES
39. Necessity for registration. No person shall drive any motor
vehicle and no owner of a motor vehicle shall cause or permit the
vehicle to be driven in any public place or in any other place unless
the vehicle is registered in accordance with this Chapter and the
certificate of registration of the vehicle has not 601 been suspended
or cancelled and the vehicle carries a registration mark displayed in
the prescribed manner: Provided that nothing in this section shall
apply to a motor vehicle in possession of a dealer subject to such
conditions as may be prescribed by the Central Government.
40. Registration, where to be made. Subject to the provisions of
section 42, section 43 and section 60, every owner of a motor vehicle
shall cause the vehicle to be registered by a registering authority
in whose jurisdiction he has the residence or place of business where
the vehicle is normally kept.
41. Registration, how to be made. (1) An application by or on
behalf of the owner of a motor vehicle for registration shall be in
such form and shall be accompanied by such documents, particulars and
information and shall be made within such period as may be prescribed
by the Central Government: Provided that where a motor vehicle is
jointly owned by more persons than one, the application shall be made
by one of them on behalf of all the owners and such applicant shall
be deemed to be the owner of the motor vehicle for the purposes of
this Act.
(2) An application referred to in sub-section (1) shall be
accompanied by such fee as may be prescribed by the Central
Government.
(3) The registering authority shall issue to the owner of a motor
vehicle registered by it a certificate of registration in such form
and containing such particulars and information and in such manner as
may be prescribed by the Central Government.
(4) In addition to the other particulars required to be included
in the certificate of registration, it shall also specify the type of
the motor vehicle, being a type as the Central Government may, having
regard to the design, construction and use of the motor vehicle, by
notification in the Official Gazette, specify.
(5) The registering authority shall enter the particulars of the
certificate referred to in sub-section (3) in a register to be
maintained in such form and manner as may be prescribed by the
Central Government.
(6) The registering authority shall assign to the vehicle, for
display thereon, a distinguishing mark (in this Act referred to as
the registration mark) consisting of one of the groups of such of
those letters and followed by such letters and figures as are
allotted to the State by the Central Government from time to time by
notification in the Official Gazette, and displayed and shown on the
motor vehicle in such form and in such manner as may be prescribed by
the Central Government.
(7) A certificate of registration issued under sub-section (3),
whether before or after the commencement of this Act, in respect of a
motor vehicle, other than a transport vehicle, shall, subject to the
provisions contained in this Act, be valid only for a period of
fifteen years from the date of issue of such certificate and shall be
renewable.
(8) An application by or on behalf of the owner of a motor
vehicle, other than a transport vehicle, for the renewal of a
certificate of registration shall be made within such period and in
such form, containing such particulars and information as may be
prescribed by the Central Government. 602
(9) An application referred to in sub-section (8) shall be
accompanied by such fee as may be prescribed by the Central
Government.
(10) Subject to the provisions of section 56, the registering
authority may, on receipt of an application under sub-section (8),
renew the certificate of registration for a period of five years and
intimate the fact to the original registering authority, if it is not
the original registering authority.
(11) If the owner fails to make an application under sub-section
(1), or, as the case may be, under sub-section (8) within the
period prescribed, the registering authority may, having regard to
the circumstances of the case, require the owner to pay, in lieu of
any action that may be taken against him under section 177, such
amount not exceeding one hundred rupees as may be prescribed under
sub-
section (13): Provided that action under section 177 shall be
taken against the owner where the owner fails to pay the said amount.
(12) Where the owner has paid the amount under sub-section (11),
no action shall be taken against him under section 177.
(13) For the purposes of sub-section (11), the State Government
may prescribe different amounts having regard to the period of delay
on the part of the owner in making an application under sub-section
(1) or sub-section (8).
(14) An application for the issue of a duplicate certificate of
registration shall be made to the original registering authority in
such form, containing such particulars and information along with
such fee as may be prescribed by the Central Government.
etc. 42. Special provision for registration of motor vehicles of
diplomatic officers, etc. (1) Where an application for
registration of
a motor vehicle is made under sub-section (1) of section 41 by or
on behalf of any diplomatic officer or consular officer, then,
notwithstanding anything contained in sub-section (3) or
sub-section
(6) of that section, the registering authority shall register the
vehicle in such manner and in accordance with such procedure as may
be provided by rules made in this behalf by the Central Government
under
sub-section (3) and shall assign to the vehicle for display
thereon a special registration mark in accordance with the provisions
contained in those rules and shall issue a certificate (hereafter in
this section referred to as the certificate of registration) that the
vehicle has been registered under this section; and any vehicle so
registered shall not, so long as it remains the property of any
diplomatic officer or consular officer, require to be registered
otherwise under this Act.
(2) If any vehicle registered under this section ceases to be the
property of any diplomatic officer or consular officer, the
certificate of registration issued under this section shall also
cease to be effective, and the provisions of sections 39 and 40 shall
thereupon apply.
(3) The Central Government may make rules for the registration of
motor vehicles belonging to diplomatic officers and consular officers
regarding the procedure to be followed by the registering authority
for registering such vehicles, the form in which the certificates of
registration 603 of such vehicles are to be issued, the manner in
which such certificates of registration are to be sent to the owners
of the vehicles and the special registration marks to be assigned to
such vehicles.
(4) For the purposes of this section, "diplomatic officer"
or "consular officer" means any person who is recognised as
such by the Central Government and if any question arises as to
whether a person is or is not such an officer, the decision of the
Central Government thereon shall be final.
43. Temporary registration. (1) Notwithstanding anything contained
in section 40 the owner of a motor vehicle may apply to any
registering authority or other prescribed authority to have the
vehicle temporarily registered in the prescribed manner and for the
issue in the prescribed manner of a temporary certificate of
registration and a temporary registration mark.
(2) A registration made under this section shall be valid only for
a period not exceeding one month, and shall not be renewable:
Provided that where a motor vehicle so registered is a chassis to
which a body has not been attached and the same is detained in a
workshop beyond the said period of one month for being fitted with a
body, the period may, on payment of such fees, if any, as may be
prescribed, be extended by such further period or periods as the
registering authority or other prescribed authority, as the case may
be, may allow.
44. Production of vehicle at the time of registration. The
registering authority shall before proceeding to register a motor
vehicle or renew the certificate of registration in respect of a
motor vehicle, other than a transport vehicle, require the person
applying for registration of the vehicle or, as the case may be, for
renewing the certificate of registration to produce the vehicle
either before itself or such authority as the State Government may by
order appoint in order that the registering authority may satisfy
itself that the particulars contained in the application are true and
that the vehicle complies with the requirements of this Act and of
the rules made thereunder.
45. Refusal of registration or renewal of the certificate of
registration. The registering authority may, by order, refuse to
register any motor vehicle, or renew the certificate of registration
in respect of a motor vehicle (other than a transport vehicle), if in
either case, the registering authority has reason to believe that it
is a stolen motor vehicle or the vehicle is mechanically defective or
fails to comply with the requirements of this Act or of the rules
made thereunder, or if the applicant fails to furnish particulars of
any previous registration of the vehicle or furnishes inaccurate
particulars in the application for registration of the vehicle or, as
the case may be, for renewal of the certificate or registration
thereof and the registering authority shall furnish the applicant
whose vehicle is refused registration, or whose application for
renewal of the certificate of registration is refused, a copy of such
order, together with the reasons for such refusal.
46. Effectiveness in India of registration. Subject to the
provisions of section 47, a motor vehicle registered in accordance
with this Chapter in any State shall not require to be registered
elsewhere in India and a certificate of registration issued or in
force under this Act in respect of such vehicle shall be effective
throughout India. 604
47. Assignment of new registration mark on removal to another
State. (1) When a motor vehicle registered in one State has been
kept in another State, for a period exceeding twelve months, the
owner of the vehicle shall, within such period and in such form
containing such particulars as may be prescribed by the Central
Government, apply to the registering authority, within whose
jurisdiction the vehicle then is, for the assignment of a new
registration mark and shall present the certificate of registration
to that registering authority: Provided that an application under
this sub-section shall be accompanied-- (i) by the no objection
certificate obtained under section 48, or (ii) in a case where no
such certificate has been obtained, by--
(a) the receipt obtained under sub-section (2) of section 48; or
(b) the postal acknowledgement received by the owner of the vehicle
if he has sent an application in this behalf by registered post
acknowledgement due to the registering authority referred to in
section 48, together with a declaration that he has not received any
communication from such authority refusing to grant such certificate
or requiring him to comply with any direction subject to which such
certificate may be granted: Provided further that, in a case where a
motor vehicle is held under a hire-purchase, lease or hypothecation
agreement, an application under this sub-section shall be accompanied
by a no objection certificate from the person with whom such
agreement has been entered into, and the provisions of section 51, so
far as may be, regarding obtaining of such certificate from the
person with whom such agreement has been entered into, shall apply.
(2) The registering authority, to which application is made under
sub-section (1), shall after making such verification, as it
thinks fit, of the returns, if any, received under section 62, assign
the
vehicle a registration mark as specified in sub-section (6) of
section 41 to be displayed and shown thereafter on the vehicle and
shall enter the mark upon the certificate of registration before
returning it to the applicant and shall, in communication with the
registering authority by whom the vehicle was previously registered,
arrange for the transfer of the registration of the vehicle from the
records of that registering authority to its own records.
(3) Where a motor vehicle is held under a hire-purchase or lease
or hypothecation agreement, the registering authority shall, after
assigning the vehicle a registration mark under sub-section (2),
inform the person whose name has been specified in the certificate of
registration as the person with whom the registered owner has entered
into the hire-purchase or lease or hypothecation agreement (by
sending to such person a notice by registered post acknowledgement
due at the address of such person entered in the certificate of
registration the fact of assignment of the said registration mark).
(4) A State Government may make rules under section 65 requiring
the owner of a motor vehicle not registered within the State, which
is 605 brought into or is for the time being in the State, to furnish
to the prescribed authority in the State such information with
respect to the motor vehicle and its registration as may be
prescribed.
(5) If the owner fails to make an application under sub-section
(1) within the period prescribed, the registering authority may,
having regard to the circumstances of the case, require the owner to
pay, in lieu of any action that may be taken against him under
section 177, such amount not exceeding one hundred rupees as may be
prescribed
under sub-section (7): Provided that action under section 177
shall be taken against the owner where the owner fails to pay the
said amount.
(6) Where the owner has paid the amount under sub-section (5), no
action shall be taken against him under section 177.
(7) For the purposes of sub-section (5), the State Government may
prescribe different amounts having regard to the period of delay on
the part of the owner in making an application under sub-section
(1).
48. No objection certificate. (1) The owner of a motor vehicle
when applying for the assignment of a new registration mark under
sub-
section (1) of section 47, or where the transfer of a motor
vehicle is to be effected in a State other than the State of its
registration, the transferor of such vehicle when reporting the
transfer under sub-
section (1) of section 50, shall make an application in such form
and in such manner as may be prescribed by the Central Government to
the registering authority by which the vehicle was registered for the
issue of a certificate (hereafter in this section referred to as the
no objection certificate), to the effect that the registering
authority has no objection for assigning a new registration mark to
the vehicle or, as the case may be, for entering the particulars of
the transfer of ownership in the certificate of registration.
(2) The registering authority shall, on receipt of an application
under sub-section (1), issue a receipt in such form as may be
prescribed by the Central Government.
(3) On receipt of an application under sub-section (1), the
registering authority may, after making such inquiry and requiring
the applicant to comply with such directions as it deems fit and
within thirty days of the receipt thereof, by order in writing,
communicate to the applicant that it has granted or refused to grant
the no objection certificate: Provided that a registering authority
shall not refuse to grant the no objection certificate unless it has
recorded in writing the reasons for doing so and a copy of the same
has been communicated to the applicant.
(4) Where within a period of thirty days referred to in sub-
section (3), the registering authority does not refuse to grant
the no objection certificate or does not communicate the refusal to
the applicant, the registering authority shall be deemed to have
granted the no objection certificate.
(5) Before granting or refusing to grant the no objection
certificate, the registering authority shall obtain a report in
writing from the police 606 that no case relating to the theft of the
motor vehicle concerned has been reported or is pending, verify
whether all the amounts due to Government including road tax in
respect of that motor vehicle have been paid and take into account
such other factors as may be prescribed by the Central Government.
49. Change of residence or place of business. (1) If the owner of
a motor vehicle ceases to reside or have his place of business at the
address recorded in the certificate of registration of the vehicle,
he shall, within thirty days of any such change of address, intimate
in such form accompanied by such documents as may be prescribed by
the Central Government, his new address, to the registering authority
by which the certificate of registration was issued, or, if the new
address is within the jurisdiction of another registering authority,
to that other registering authority, and shall at the same time
forward the certificate of registration to the registering authority
or, as the case may be, to the other registering authority in order
that the new address may be entered therein.
(2) If the owner of a motor vehicle fails to intimate his new
address to the concerned registering authority within the period
specified in sub-section (1), the registering authority may,
having regard to the circumstances of the case, require the owner to
pay, in lieu of any action that may be taken against him under
section 177 such amount not exceeding one hundred rupees as may be
prescribed
under sub-section (4): Provided that action under section 177
shall be taken against the owner where he fails to pay the said
amount.
(3) Where a person has paid the amount under sub-section (2), no
action shall be taken against him under section 177.
(4) For the purposes of sub-section (2), a State Government may
prescribe different amounts having regard to the period of delay in
intimating his new address.
(5) On receipt of intimation under sub-section (1), the
registering authority may, after making such verification as it may
think fit, cause the new address to be entered in the certificate of
registration.
(6) A registering authority other than the original registering
authority making any such entry shall communicate the altered address
to the original registering authority.
(7) Nothing in sub-section (1) shall apply where the change of the
address recorded in the certificate of registration is due to a
temporary absence not intended to exceed six months in duration or
where the motor vehicle is neither used nor removed from the address
recorded in the certificate of registration.
50. Transfer of ownership. (1) Where the ownership of any motor
vehicle registered under this Chapter is transferred,-- (a) the
transferor shall,-- (i) in the case of a vehicle registered within
the same State, within fourteen days of the transfer, report the fact
of transfer, in such form with such documents and in such manner, as
may be prescribed by the Central Government to the registering
authority within whose jurisdiction the transfer is to be effected
and 607 shall simultaneously send a copy of the said report to the
transferee; and (ii) in the case of a vehicle registered outside the
State, within forty-five days of the transfer, forward to the
registering authority referred to in sub-clause (i)-- (A) the no
objection certificate obtained under section 48; or (B) in a case
where no such certificate has been obtained,-- (I) the receipt
obtained under sub-section
(2) of section 48; or (II) the postal acknowledgement received by
the transferred if he has sent an application in this behalf by
registered post acknowledgement due to the registering authority
referred to in section 48, together with a declaration that he has
not received any communication from such authority refusing to grant
such certificate or requiring him to comply with any direction
subject to which such certificate may be granted; (b) the transferee
shall, within thirty days of the transfer, report the transfer to the
registering authority within whose jurisdiction he has the residence
or place of business where the vehicle is normally kept, as the case
may be, and shall forward the certificate of registration to that
registering authority together with the prescribed fee and a copy of
the report received by him from the transferor in order that
particulars of the transfer of ownership may be entered in the
certificate of registration.
(2) Where-- (a) the person in whose name a motor vehicle stands
registered dies, or (b) a motor vehicle has been purchased or
acquired at a public auction conducted by, or on behalf of,
Government, the person succeeding to the possession of the vehicle
or, as the case may be, who has purchased or acquired the motor
vehicle, shall make an application for the purpose of transferring
the ownership of the vehicle in his name, to the registering
authority in whose jurisdiction he has the residence or place of
business where the vehicle is normally kept, as the case may be, in
such manner, accompanied with such fee, and within such period as may
be prescribed by the Central Government.
(3) If the transferor or the transferee fails to report to the
registering authority the fact of transfer within the period
specified
in clause (a) or clause (b) of sub-section (1), as the case may
be, or if the person who is required to make an application under
sub-section
(2) (hereafter in this section referred to as the other person)
fails to make such application within the period prescribed, the
registering authority may, having regard to the circumstances of the
case, require the transferor or the transferee, or the other person,
as the case may be, to pay, in lieu of any action that 608 may be
taken against him under section 177 such amount not exceeding
one hundred rupees as may be prescribed under sub-section (5):
Provided that action under section 177 shall be taken against the
transferor or the transferee or the other person, as the case may be,
where he fails to pay the said amount.
(4) Where a person has paid the amount under sub-section (3), no
action shall be taken against him under section 177.
(5) For the purposes of sub-section (3), a State Government may
prescribe different amounts having regard to the period of delay on
the part of the transferor or the transferee in reporting the fact of
transfer of ownership of the motor vehicle or of the other person in
making the application under sub-section (2).
(6) On receipt of a report under sub-section (1), or an
application under sub-section (2), the registering authority may
cause the transfer of ownership to be entered in the certificate of
registration.
(7) A registering authority making any such entry shall
communicate the transfer of ownership to the transferor and to the
original registering authority, if it is not the original registering
authority.
hire-purchaseagreement, etc. 51. Special provisions regarding
motor vehicle subject to hire-
purchase agreement, etc. (1) Where an application for registration
of a motor vehicle which is held under a hire-purchase, lease or
hypothecation agreement (hereafter in this section referred to as the
said agreement) is made, the registering authority shall make an
entry in the certificate of registration regarding the existence of
the said agreement.
(2) Where the ownership of any motor vehicle registered under this
Chapter is transferred and the transferee enters into the said
agreement with any person, the original registering authority shall,
on receipt of an application in such form as the Central Government
may prescribe from the parties to the said agreement, make an entry
as to the existence of the said agreement in the certificate of
registration.
(3) Any entry made under sub-section (1) or sub-section (2), may
be cancelled by the original registering authority on proof of the
termination of the said agreement by the parties concerned on an
application being made in such form as the Central Government may
prescribe.
(4) No entry regarding the transfer of ownership of any motor
vehicle which is held under the said agreement shall be made in the
certificate of registration except with the written consent of the
person whose name has been specified in the certificate of
registration as the person with whom the registered owner has entered
into the said agreement.
(5) Where the person whose name has been specified in the
certificate of registration as the person with whom the registered
owner has entered into the said agreement, satisfies the registering
authority that he has taken possession of the vehicle owing to the
default of the registered owner under the provisions of the said
agreement and that the registered owner refuses to deliver the
certificate of registration or has absconded, such authority may,
after giving the registered owner an opportunity to make such
representation as he may wish to make (by sending to him a notice by
registered post acknowledgement due at his address entered in the
certificate of registration) and notwithstanding that the certificate
of registration is not produced before it, cancel the certificate and
issue 609 a fresh certificate of registration in the name of the
person with whom the registered owner has entered into the said
agreement: Provided that a fresh certificate of registration shall
not be issued in respect of a motor vehicle, unless such person pays
the prescribed fee: Provided further that a fresh certificate of
registration issued in respect of a motor vehicle, other than a
transport vehicle, shall be valid only for the remaining period for
which the certificate cancelled under this sub-section would have
been in force.
(6) The registered owner shall, before applying to the appropriate
authority, for the renewal of a permit under section 81 or for the
issue of duplicate certificate of registration under sub-
section (14) of section 41, or for the assignment of a new
registration mark under section 47, make an application to the person
with whom the registered owner has entered into the said agreement
(such person being hereafter in this section referred to as the
financier) for the issue of a no objection certificate (hereafter in
this section referred to as the certificate). Explanation.--For the
purposes of this sub-section and sub-
sections (8) and (9), "appropriate authority" in
relation to any permit means the authority which is authorised by
this Act to renew such permit and, in relation to registration, means
the authority which is authorised by this Act to issue duplicate
certificate of registration or to assign a new registration mark.
(7) Within seven days of the receipt of an application under sub-
section (6), the financier may issue, or refuse for reasons which
shall be recorded in writing and communicated to the applicant, to
issue, the certificate applied for and where the financier fails to
issue the certificate and also fails to communicate the reasons for
refusal to issue the certificate to the applicant within the said
period of seven days, the certificate applied for shall be deemed to
have been issued by the financier.
(8) The registered owner shall, while applying to the appropriate
authority for the renewal of any permit under section 81, or for the
issue of a duplicate certificate of registration under sub-section
(14) of section 41, or while applying for assignment of a new
registration mark under section 47, submit with such application the
certificate if any obtained under sub-section (7) or, where no
such certificate has been obtained, the communication received from
the financier under that sub-section, or, as the case may be a
declaration that he has not received any communication from the
financier within the period of seven days specified in that
sub-section.
(9) On receipt of an application for the renewal of any permit or
for the issue of duplicate certificate of registration or for
assignment of a new registration mark in respect of a vehicle which
is held under the said agreement the appropriate authority may,
subject to the other provisions of this Act,-- (a) in a case where
the financier has refused to issue the certificate applied for, after
giving the applicant an opportunity of being heard, either-- (i)
renew or refuse to renew the permit, or 610 (ii) issue or refuse to
issue the duplicate certificate of registration, or (iii) assign or
refuse to assign a new registration mark; (b) in any other case,--
(i) renew the permit, or (ii) issue duplicate certificate of
registration, or (iii) assign a new registration mark.
(10) A registering authority making an entry in the certificate of
registration regarding-- (a) hire-purchase, lease or hypothecation
agreement of a motor vehicle, or
(b) the cancellation under sub-section (3) of an entry, or (c)
recording transfer of ownership of motor vehicle, or (d) any
alteration in a motor vehicle, or (e) suspension or cancellation of
registration of a motor vehicle, or (f) change of address, shall
communicate to the financier that such entry has been made.
(11) A registering authority issuing a duplicate certificate of
registration shall intimate the financier of such issue.
52. Alteration in motor vehicle. (1) No owner of a motor vehicle
shall so alter the vehicle that the particulars contained in the
certificate of registration are no longer accurate, unless-- (a) he
has given notice to the registering authority within whose
jurisdiction he has the residence or the place of business where the
vehicle is normally kept, as the case may be of the alteration he
proposes to make; and (b) he has obtained the approval of that
registering authority to make such alteration: Provided that it shall
not be necessary to obtain such approval, for making any change in
the unladen weight of the motor vehicle consequent on the addition or
removal of fittings or accessories, if such change does not exceed
two per cent. of the weight entered in the certificate of
registration.
(2) Where a registering authority receives a notice under sub-
section (1), it shall, within seven days of the receipt thereof,
communicate, by post, to the owner of the vehicle its approval to the
proposed alteration or otherwise: Provided that where the owner of
the motor vehicle has not received any such communication within the
said period of seven days, the approval of such authority to the
proposed alteration shall be deemed to have been given. 611
(3) Notwithstanding anything contained in sub-section (1), a State
Government may, by notification in the Official Gazette, authorise,
subject to such conditions as may be specified in the notification,
the owners of not less than ten transport vehicles to alter any
vehicle owned by them so as to replace the engine thereof without the
approval of the registering authority.
(4) Where any alteration has been made in a motor vehicle either
with the approval of the registering authority given or deemed to
have
been given under sub-section, (2) or by reason of replacement of
its
engine without such approval under sub-section (3), the owner of
the vehicle shall, within fourteen days of the making of the
alteration, report the alteration to the registering authority within
whose jurisdiction he resides and shall forward the certificate of
registration to that authority together with the prescribed fee in
order that particulars of the alteration may be entered therein.
(5) A registering authority other than the original registering
authority making any such entry shall communicate the details of the
entry to the original registering authority.
53. Suspension of registration. (1) If any registering authority
or other prescribed authority has reason to believe that any motor
vehicle within its jurisdiction-- (a) is in such a condition that its
use in a public place would constitute a danger to the public, or
that it fails to comply with the requirements of this Act or of the
rules made thereunder, or (b) has been, or is being, used for hire or
reward without a valid permit for being used as such, the authority
may, after giving the owner an opportunity of making any
representation he may wish to make (by sending to the owner a notice
by registered post acknowledgement due at his address entered in the
certificate of registration), for reasons to be recorded in writing,
suspend the certificate of registration of the vehicle-- (i) in any
case falling under clause (a), until the defects are rectified to its
satisfaction; and (ii) in any case falling under clause (b), for a
period not exceeding four months.
(2) An authority other than a registering authority shall, when
making a suspension order under sub-section (1), intimate in
writing the fact of such suspension and the reasons therefor to the
registering authority within whose jurisdiction the vehicle is at the
time of the suspension.
(3) Where the registeration of a motor vehicle has been suspended
under sub-section (1), for a continuous period of not less than
one month, the registering authority, within whose jurisdiction the
vehicle was when the registration was suspended, shall, if it is not
the original registering authority, inform that authority of the
suspension.
(4) The owner of a motor vehicle shall, on the demand of a
registering authority or other prescribed authority which has
suspended the certificate of registration of the vehicle under this
section, surrender the certificate of registration. 612
(5) A certificate of registration surrendered under sub-section
(4) shall be returned to the owner when the order suspending
registration has been rescinded and not before.
54. Cancellation of registration suspended under section 53. Where
the suspension of registration of a vehicle under section 53 has
continued without interruption for a period of not less than six
months, the registering authority within whose jurisdiction the
vehicle was when the registration was suspended, may, if it is the
original registering authority, cancel the registration, and if it is
not the original registering authority, shall forward the certificate
of registration to that authority which may cancel the registration.
55. Cancellation of registration. (1) If a motor vehicle has been
destroyed or has been rendered permanently incapable of use, the
owner shall, within fourteen days or as soon as may be, report the
fact to the registering authority within whose jurisdiction he has
the residence or place of business where the vehicle is normally
kept, as the case may be, and shall forward to that authority the
certificate of registration of the vehicle.
(2) The registering authority shall, if it is the original
registering authority, cancel the registration and the certificate of
registration, or, if it is not, shall forward the report and the
certificate of registration to the original registering authority and
that authority shall cancel the registration.
(3) Any registering authority may order the examination of a motor
vehicle within its jurisdiction by such authority as the State
Government may be order appoint and, if, upon such examination and
after giving the owner an opportunity to make any representation he
may wish to make (by sending to the owner a notice by registered post
acknowledgement due at his address entered in the certificate of
registration), it is satisfied that the vehicle is in such a
condition that it is incapable of being used or its use in a public
place would constitute a danger to the public and that it is beyond
reasonable repair, may cancel the registration.
(4) If a registering authority is satisfied that a motor vehicle
has been permanently removed out of India, the registering authority
shall cancel the registration.
(5) If a registering authority is satisfied that the registration
of a motor vehicle has been obtained on the basis of documents which
were, or by representation of facts which was, false in any material
particular, or the engine number or the chassis number embossed
thereon are different from such number entered in the certificate of
registration, the registering authority shall after giving the owner
an opportunity to make such representation as he may wish to make (by
sending to the owner a notice by registered post acknowledgement due
at his address entered in the certificate of registration), and for
reasons to be recorded in writing cancel the registration.
(6) A registering authority cancelling the registration of a motor
vehicle under section 54 or under this section shall communicate such
fact in writing to the owner of the vehicle, and the owner of the
vehicle shall forthwith surrender to that authority the certificate
of registration of the vehicle. 613
(7) A registering authority making an order of cancellation under
section 54 or under this section shall, if it is the original
registering authority, cancel the certificate of registration and the
entry relating to the vehicle in its records, and, if it is not the
original registering authority, forward the certificate of
registration to that authority, and that authority shall cancel the
certificate of registration and the entry relating to the motor
vehicle in its records.
(8) The expression "original registering authority" in
this section and in sections 41, 49, 50, 51, 52, 53 and 54 means the
registering authority in whose records the registration of the
vehicle is recorded.
(9) In this section, "certificate of registration"
includes a certificate of registration renewed under the provisions
of this Act.
56. Certificate of fitness of transport vehicles. (1) Subject to
the provisions of sections 59 and 60, a transport vehicle shall not
be deemed to be validly registered for the purposes of section 39,
unless it carries a certificate of fitness in such form containing
such particulars and information as may be prescribed by the Central
Government, issued by the prescribed authority, or by an authorized
testing station mentioned in sub-section (2), to the effect that
the vehicle complies for the time being with all the requirements of
this Act and the rules made thereunder: Provided that where the
prescribed authority or the authorized testing station refuses is
issue such certificate, it shall supply the owner of the vehicle with
its reasons in writing for such refusal.
(2) The "authorized testing station" referred to in
sub-section
(1) means a vehicle service station or public or private garage
which the State Government, having regard to the experience, training
and ability of the operator of such station or garage and the testing
equipment and the testing personnel therein, may specify in
accordance with the rules made by the Central Government for
regulation and control of such stations or garages.
(3) Subject to the provisions of sub-section (4), a certificate of
fitness shall remain effective for such period as may be prescribed
by the Central Government having regard to the objects of this Act.
(4) The prescribed authority may for reasons to be recorded in
writing cancel a certificate of fitness at any time, if satisfied
that the vehicle to which it relates no longer complies with all the
requirements of this Act and the rules made thereunder; and on such
cancellation the certificate of registration of the vehicle and any
permit granted in respect of the vehicle under Chapter V shall be
deemed to be suspended until a new certificate of fitness has been
obtained.
(5) A certificate of fitness issued under this Act shall, while it
remains effective, be valid throughout India.
57. Appeals. (1) Any owner of a motor vehicle aggrieved by an
order of refusal under section 45 to register a motor vehicle or to
renew to certificate of registration in respect of a motor vehicle
(other than a transport vehicle) or under section 48 to issue a no
objection certificate or under section 50 to enter the particulars of
the transfer of ownership in the certificate 614
of registration or under sub-section (1) of section 56 to issue a
certificate of fitness or by an order of suspension under section 53
or cancellation under section 54 or section 55 or by an order of
cancellation under sub-section (4) of section 56 may, within
thirty days of the date on which he has received notice of such
order, appeal against the order to the prescribed authority.
(2) The appellate authority shall give notice of the appeal to the
original authority and after giving an opportunity to the original
authority and the appellant to be heard in the appeal pass such
orders as it thinks fit.
58. Special provisions in regard to transport vehicles. (1) The
Central Government may, having regard to the number, nature and size
of the tyres attached to the wheels of a transport vehicle, (other
than a motorcab), and its make and model and other relevant
considerations, by notification in the Official Gazette, specify, in
relation to each make and model of a transport vehicle, the maximum
safe laden weight of such vehicle and the maximum safe axle weight of
each axle of such vehicle.
(2) A registering authority, when registering a transport vehicle,
other than a motorcab, shall enter in the record of registration and
shall also enter in the certificate of registration of the vehicle
the following particulars, namely:-- (a) the unladen weight of the
vehicle; (b) the number, nature and size of the tyres attached to
each wheel; (c) the gross vehicle weight of the vehicle and the
registered axle weights pertaining to the several axles thereof; and
(d) if the vehicle is used or adapted to be used for the carriage of
passengers solely or in addition to goods, the number of passengers
for whom accommodation is provided, and the owner of the vehicle
shall have the same particulars exhibited in the prescribed manner on
the vehicle.
(3) There shall not be entered in the certificate of registration
of any such vehicle any gross vehicle weight or a registered axle
weight of any of the axles different from that specified in the
notification under sub-section (1) in relation to the make and
model of such vehicle and to the number, nature and size of the tyres
attached to its wheels: Provided that where it appears to the Central
Government that heavier weights than those specified in the
notification under sub-
section (1) may be permitted in a particular locality for vehicles
of a particular type, the Central Government may, by order in the
Official Gazette direct that the provisions of this sub-section shall
apply with such modifications as may be specified in the order.
(4) When by reason of any alteration in such vehicle, including an
alteration in the number, nature or size of its tyres, the gross
vehicle weight of the vehicle or the registered axle weight of any of
its axles no longer accords with the provisions of sub-section
(3), the provisions of section 52 shall apply and the registering
authority shall enter in the certificate of registration of the
vehicle revised registered weights which accord with the said
sub-section. 615
(5) In order that the gross vehicle weight entered in the
certificate of registration of a vehicle may be revised in accordance
with the provisions of sub-section (3), the registering authority
may require the owner of transport vehicle in accordance with such
procedure as may be prescribed to produce the certificate of
registration within such time as may be specified by the registering
authority.
59. Power to fix the age limit of motor vehicle. (1) The Central
Government may, having regard to the public safety, convenience and
objects of this Act, by notification in the Offical Gazette, specify
the life of a motor vehicle reckoned from the date of its
manufacture, after the expiry of which the motor vehicle shall not be
deemed to comply with the requirements of this Act and the rules made
thereunder: Provided that the Central Government may specify
different ages for different classes or different types of motor
vehicles.
(2) Notwithstanding anything contained in sub-section (1), the
Central Government may, having regard to the purpose of a motor
vehicle, such as, display or use for the purposes of a demonstration
in any exhibition, use for the purposes of technical research or
taking part in a vintage car rally, by notification in the Official
Gazette, exempt, by a general or special order, subject to such
conditions as may be specified in such notification, any class or
type
of motor vehicle from the operation of sub-section (1) for the
purpose to be stated in the notification.
(3) Notwithstanding anything contained in section 56, no
prescribed authority or authorized testing station shall grant a
certificate of fitness to a motor vehicle in contravention of the
provisions of any notification issued under sub-section (1).
60. Registration of vehicles belonging to the Central Government.
(1) Such authority as the Central Government may, by notification
in the Official Gazette, specify, may register any motor vehicle
which is the property or for the time being under the exclusive
control of the Central Government and is used for Government purposes
relating to the defence of the country and unconnected with any
commercial enterprise and any vehicle so registered shall not, so
long as it remains the property or under the exclusive control of the
Central Government, require to be registered otherwise under this
Act.
(2) The authority registering a vehicle under sub-section (1)
shall assign a registration mark in accordance with the provisions
contained in the rules made in this behalf by the Central Government
and shall issue a certificate in respect of that vehicle to the
effect that such vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder and that the
vehicle has been registered under this section.
(3) A vehicle registered under this section shall carry the
certificate issued under sub-section (2).
(4) If a vehicle registered under this section ceases to be the
property or under the exclusive control of the Central Government,
the provisions of sections 39 and 40 shall thereupon apply.
(5) The authority registering a vehicle under sub-section (1)
shall furnish to any State Government all such information regarding
the 616 general nature, overall dimensions and axle weights of the
vehicle as the State Government may at any time require.
61. Application of Chapter to trailers. (1) The provisions of this
Chapter shall apply to the registration of trailers as they apply to
the registration of any other motor vehicle.
(2) The registration mark assigned to a trailer shall be displayed
in such manner on the side of the drawing vehicle, as may be
prescribed by the Central Government.
(3) No person shall drive a motor vehicle to which a trailer is or
trailers are attached unless the registration mark of the motor
vehicle so driven is displayed on the trailer or on the last trailer
in the train, as the case may be, in such manner as may be prescribed
by the Central Government.
by the police to the State Transport Authority. 62. Information
regarding stolen and recovered motor vehicles to be furnished by the
police to the State Transport Authority. The State Government may, if
it thinks necessary or expedient so to do in the public interest,
direct the submission by the Inspector General of Police (by whatever
designation called) and such other police officers as the State
Government may specify in this behalf, of such returns containing the
information regarding vehicles which have been stolen and stolen
vehicles which have been recovered of which the police are aware, to
the State Transport Authority, and may prescribe the form in which
and the period within which such returns shall be made.
63. Maintenance of State Registers of Motor Vehicles. (1) Each
State Government shall maintain in such form as may be prescribed by
the Central Government a register to be known as the State Register
of Motor Vehicle, in respect of the motor vehicles in that State,
containing the following particulars, namely:-- (a) registration
numbers; (b) years of manufacture; (c) classes and types; (d) names
and addresses of registered owners; and (e) such other particulars as
may be prescribed by the Central Government.
(2) Each State Government shall supply to the Central Government a
printed copy of the State Register of Motor Vehicles and shall also
inform the Central Government without delay of all additions to and
other amendments in such register made from time to time.
(3) The State Register of Motor Vehicles shall be maintained in
such manner as may be prescribed by the State Government.
64. Power of Central Government to make rules. The Central
Government may make rules to provide for all or any of the following
matters, namely:-- (a) the period within which and the form in which
an application shall be made and the documents, particulars and
information it shall accompany under sub-section (1) of section
41; 617 (b) the form in which the certificate of registration shall
be made and the particulars and information it shall contain and
the manner in which it shall be issued under sub-section (3) of
section 41; (c) the form and manner in which the particulars of the
certificate of registration shall be entered in the records of
the registering authority under sub-section (5) of section 41; (d)
the manner in which and the form in which the registration mark, the
letters and figures and other particulars
referred to in sub-section (6) of section 41 shall be displayed
and shown; (e) the period within which and the form in which the
application shall be made and the particulars and information it
shall contain under sub-section (8) of section 41; (f) the form in
which the application referred to in sub-
section (14) of section 41 shall be made, the particulars and
information it shall contain and the fee to be charged; (g) the form
in which the period within which the
application referred to in sub-section (1) of section 47 shall be
made and the particulars it shall contain; (h) the form in which and
the manner in which the application for "No Objection
Certificate" shall be made under
sub-section (1) of section 48 and the form of receipt to be
issued under sub-section (2) of section 48; (i) the matters that
are to be complied with by an applicant before no objection
certificate may be issued under section 48; (j) the form in which the
intimation of change of address
shall be made under sub-section (1) of section 49 and the
documents to be submitted along with the application; (k) the form in
which and the manner in which the intimation
of transfer of ownership shall be made under sub-section (1) of
section 50 or under sub-section (2) of section 50 and the document
to be submitted along with the application;
(l) the form in which the application under sub-section (2)
or sub-section (3) of section 51 shall be made; (m) the form in
which the certificate of fitness shall be
issued under sub-section (1) of section 56 and the particulars and
information it shall contain; (n) the period for which the
certificate of fitness granted or renewed under section 56 shall be
effective; (o) the fees to be charged for the issue or renewal or
alteration of certificates of registration, for making an entry
regarding transfer of ownership on a certificate of registration, for
making or cancelling an endorsement in respect of agreement of
hire-purchase or lease or hypothecation on a certificate of
registration, for certificates of fitness for registration marks, and
for the examination or inspection of motor vehicles, and the refund
of such fees. 618 (p) any other matter which is to be, or may be,
prescribed by the Central Government.
65. Power of State Government to make rules. (1) A State
Government may make rules for the purpose of carrying into effect the
provisions of this Chapter other than the matters specified in
section
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-- (a) the conduct and hearing of appeals
that may be preferred under this Chapter (the fees to be paid in
respect of such appeals and the refund of such fees); (b) the
appointment, functions and jurisdiction of registering and other
prescribed authorities; (c) the exemption of road-rollers, graders
and other vehicles designed and used solely for the construction,
repair and cleaning of roads from all or any of the provisions of
this Chapter and the rules made thereunder and the conditions
governing such exemption; (d) the issue or renewal of certificates of
registration and fitness and duplicates of such certificates to
replace the certificates lost, destroyed or mutilated; (e) the
production of certificates of registration before the registering
authority for the revision of entries therein of particulars relating
to the gross vehicle weight; (f) the temporary registration of motor
vehicles, and the issue of temporary certificate of registration and
marks; (g) the manner in which the particulars referred to in sub-
section (2) of section 58 and other prescribed particulars shall
be exhibited; (h) the exemption of prescribed persons or prescribed
classes of persons from payment of all or any portion of the fees
payable under this Chapter; (i) the forms, other than those
prescribed by the Central Government, to be used for the purpose of
this Chapter; (j) the communication between registering authorities
of particulars of certificates of registration and by owners of
vehicles registered outside the State of particulars of such vehicles
and of their registration;
(k) the amount or amounts under sub-section (13) of section
41 of sub-section (7) of section 47 or sub-section (4) of section
49 or sub-section (5) of section 50; (l) the extension of the
validity of certificates of fitness pending consideration of
applications for their renewal; (m) the exemption from the provisions
of this Chapter, and the conditions and fees for exemption, of motor
vehicles in the possession of dealers; (n) the form in which and the
period within which the return under section 62 shall be sent; 619
(o) the manner in which the State Register of Motor Vehicles shall be
maintained under section 63; (p) any other matter which is to be or
may be prescribed. CHAP CONTROL OF TRANSPORT VEHICLES CHAPTER V
CONTROL OF TRANSPORT VEHICLES
66. Necessity for permits. (1) No owner of a motor vehicle shall
use or permit the use of the vehicle as a transport vehicle in any
public place whether or not such vehicle is actually carrying any
passengers or goods save in accordance with the conditions of a
permit granted or countersigned by a Regional or State Transport
Authority or any prescribed authority authorising him the use of the
vehicle in that place in the manner in which the vehicle is being
used: Provided that a stage carriage permit shall, subject to any
conditions that may be specified in the permit, authorise the use of
the vehicle as a contract carriage: Provided further that a stage
carriage permit may, subject to any conditions that may be specified
in the permit, authorise the use of the vehicle as a goods carriage
either when carrying passengers or not: Provided also that a goods
carriage permit shall, subject to any conditions that may be
specified in the permit, authorise the use of the vehicle for the
carriage of goods for or in connection with a trade or business
carried on by him.
(2) The holder of a goods carriage permit may use the vehicle, for
the drawing of any public or semi-trailer not owned by him, subject
to such conditions as may be prescribed.
(3) The provisions of sub-section (1) shall not apply-- (a) to any
transport vehicle owned by the Central Government or a State
Government and used for Government purposes unconnected with any
commercial enterprise; (b) to any transport vehicle owned by a local
authority or by a person acting under contract with a local authority
and used solely for road cleansing, road watering or conservancy
purposes; (c) to any transport vehicle used solely for police, fire
brigade or ambulance purposes; (d) to any transport vehicle used
solely for the conveyance of corpses and the mourners accompanying
the corpses; (e) to any transport vehicle used for towing a disabled
vehicle or for removing goods from a disabled vehicle to a place of
safety; (f) to any transport vehicle used for any other public
purpose as may be prescribed by the State Government in this behalf;
(g) to any transport vehicle used by a person who manufactures or
deals in motor vehicles or builds bodies for attachment to chassis,
solely for such purposes and in accordance with such conditions as
620 the Central Government may, by notification in the Offical
Gazette, specify in this behalf; (h) to any transport vehicle owned
by, and used solely for the purposes of, any educational institution
which is recognised by the Central or State Government or whose
managing committee is a society registered under the Societies
Registration Act, 1860 (21 of 1860.) or under any law corresponding
to that Act in force in any part of India; (i) to any goods vehicle,
the gross vehicle weight of which does not exceed 3,000 kilograms;
(j) subject to such conditions as the Central Government may, by
notification in the Official Gazette, specify, to any transport
vehicle purchased in one State and proceeding to a place, situated in
that State or in any other State, without carrying any passenger or
goods; (k) to any transport vehicle which has been temporarily
registered under section 43 while proceeding empty to any place for
the purpose of registration of the vehicle; (l) to any transport
vehicle used for such purposes (other than plying for hire or reward)
as the Central Government may, by notification in the Official
Gazette, specify; (m) to any transport vehicle which, owing to flood,
earthquake or any other natural calamity, obstruction on road, or
unforeseen circumstances is required to be diverted through any other
route, whether within or outside the State, with a view to enabling
it to reach its destination; (n) to any transport vehicle used for
such purposes as the Central or State Government may, by order,
specify; (o) to any transport vehicle which is subject to a hire-
purchase, lease or hypothecation agreement and which owing to the
default of the owner has been taken possession of by or on behalf of,
the person with whom the owner has entered into such agreement, to
enable such motor vehicle to reach its destination; or (p) to any
transport vehicle while proceeding empty to any place for purpose of
repair.
(4) Subject to the provisions of sub-section (3), sub-section (1)
shall if the State Government by rule made under section 96 so
prescribes, apply to any motor vehicle adapted to carry more than
nine persons excluding the driver.
67. Power to State Government to control road transport. (1) A
State Government, having regard to-- (a) the advantages offered to
the public, trade and industry by the development of motor transport,
(b) the desirability of co-ordinating road and rail transport, (c)
the desirability of preventing the deterioration of the road system,
and (d) the desirability of preventing uneconomic competition among
holders of permits. 621 may, from time to time, by notification in
the Official Gazette, issue directions both to the State Transport
Authority and Regional Transport Authority-- (i) regarding the fixing
of fares and freights (including the maximum and minimum in respect
thereof) for stage carriages, contract carriages and goods carriages;
(ii) regarding the prohibition or restriction, subject to such
conditions as may be specified in the directions, of the conveying of
long distance goods traffic generally, or of specified classes of
goods by goods carriages; (iii) regarding any other matter which may
appear to the State Government necessary or expedient for giving
effect to any agreement entered into with the Central Government or
any other State Government or the Government of any other country
relating to the regulation of motor transport generally, and in
particular to its coordination with other means of transport and the
conveying of long distance goods traffic: Provided that no such
notification in respect of the matters referred to in clause (ii) or
clause (iii) shall be issued unless a draft of the proposed
directions is published in the Official Gazette specifying therein a
date being not less than one month after such publication, on or
after which the draft will be taken into consideration and any
objection or suggestion which may be received has, in consultation
with the State Transport Authority, been considered after giving the
representatives of the interests affected an opportunity of being
heard.
(2) Any direction under sub-section (1) regarding the fixing of
fares and freights for stage carriages, contract carriages and goods
carriages may provide that such fares or freights shall be inclusive
of the tax payable by the passengers or the consignors of the goods,
as the case may be, to the operators of the stage carriages, contract
carriages or goods carriages under any law for the time being in
force relating to tax on passengers and goods.
68. Transport Authorities. (1) The State Government shall, by
notification in the Official Gazette, constitute for the State a
State Transport Authority to exercise and discharge the powers and
functions
specified in sub-section (3), and shall in like manner constitute
Regional Transport Authorities to exercise and discharge throughout
such areas (in this Chapter referred to as regions) as may be
specified in the notification, in respect of each Regional Transport
Authority; the powers and functions conferred by or under this
Chapter on such Authorities: Provided that in the Union territories,
the Administrator may abstain from constituting any Regional
Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority
shall consist of a Chairman who has had judicial experience or
experience as an appellate or a revisional authority or as an
adjudicating authority competent to pass any order or take any
decision under any law and in the case of a State Transport
Authority, such other persons (whether officials or not), not being
more than four and, in the case of 622 a Regional Transport
Authority, such other persons (whether officials or not), not being
more than two, as the State Government may think fit to appoint; but
no person who has any financial interest whether as proprietor,
employee or otherwise in any transport undertaking shall be
appointed, or continue to be, a member of a State or Regional
Transport Authority, and, if any person being a member of any such
Authority acquires a financial interest in any transport undertaking,
he shall within four weeks of so doing, give notice in writing to the
State Government of the acquisition of such interest and shall vacate
office: Provided that nothing in this sub-section shall prevent any
of the members of the State Transport Authority or a Regional
Transport Authority, as the case may be, to preside over a meeting of
such Authority during the absence of the Chairman, notwithstanding
that such member does not possess judicial experience or experience
as an appellate or a revisional authority or as an adjudicating
authority competent to pass any order or take any decision under any
law: Provided further that the State Government may,-- (i) where it
considers necessary or expedient so to do, constitute the State
Transport Authority or a Regional Transport Authority for any region
so as to consist of only one member who shall be an official with
judicial experience or experience as an appellate or a revisional
authority or as an adjudicating authority competent to pass any order
or take any decision under any law; (ii) by rules made in this
behalf, provide for the transaction of business of such authorities
in the absence of the Chairman or any other member and specify the
circumstances under which, and the manner in which, such business
could be so transacted: Provided also that nothing in this
sub-section shall be construed as debarring an official (other than
an official connected directly with the management or operation of a
transport undertaking) from being appointed or continuing as a member
of any such authority merely by reason of the fact that the
Government employing the official has, or acquires, any financial
interest in a transport undertaking.
(3) The State Transport Authority and every Regional Transport
Authority shall give effect to any directions issued under section 67
and the State Transport Authority shall, subject to such directions
and save as otherwise provided by or under this Act, exercise and
discharge throughout the State the following powers and functions,
namely:-- (a) to co-ordinate and regulate the activities and policies
of the Regional Transport Authorities, if any, of the State; (b) to
perform the duties of a Regional Transport Authority where there is
no such Authority and, if it thinks fit or if so required by a
Regional Transport Authority, to perform those duties in respect of
any route common to two or more regions; (c) to settle all disputes
and decide all matters on which differences of opinion arise between
Regional Transport Authorities; and 623 (d) to discharge such other
functions as may be prescribed.
(4) For the purpose of exercising and discharging the powers and
functions specified in sub-section (3), a State Transport
Authority may, subject to such conditions as may be prescribed, issue
directions to any Regional Transport Authority, and the Regional
Transport Authority shall, in the discharge of its functions under
this Act, give effect to and be guided by such directions.
(5) The State Transport Authority and any Regional Transport
Authority, if authorised in this behalf by rules made under section
96, may delegate such of its powers and functions to such authority
or person subject to such restrictions, limitations and conditions as
may be prescribed by the said rules.
69. General provision as to applications for permits. (1) Every
application for a permit shall be made to the Regional Transport
Authority of the region in which it is proposed to use the vehicle or
vehicles: Provided that if it is proposed to use the vehicle or
vehicles in two or more regions lying within the same State, the
application shall be made to the Regional Transport Authority of the
region in which the major portion of the proposed route or area lies,
and in case the portion of the proposed route or area in each of the
regions is approximately equal, to the Regional Transport Authority
of the region in which it is proposed to keep the vehicle or
vehicles: Provided further that if it is proposed to use the vehicle
or vehicles in two or more regions lying in different States, the
application shall be made to the Regional Transport Authority of the
region in which the applicant resides or has his principal place of
business.
(2) Notwithstanding anything contained in sub-section (1), the
State Government may, by notification in the Official Gazette, direct
that in the case of any vehicle or vehicles proposed to be used in
two or more regions lying in different States, the application under
that sub-section shall be made to the State Transport Authority of
the region in which the applicant resides or has his principal place
of business.
70. Application for stage carriage permit. (1) An application for
a permit in respect of a stage carriage (in this Chapter referred to
as a stage carriage permit) or as a reserve stage carriage shall, as
far as may be, contain the following particulars, namely:-- (a) the
route or routes or the area or areas to which the application
relates; (b) the type and seating capacity of each such vehicle; (c)
the minimum and maximum number of daily trips proposed to be provided
and the time-table of the normal trips. Explanation.--For the
purposes of this section, section 72, section 80 and section 102,
"trip" means a single journey from one point to another,
and every return journey shall be deemed to be a separate trip; (d)
the number of vehicles intended to be kept in reserve to maintain the
service and to provide for special occasions; 624 (e) the
arrangements intended to be made for the housing, maintenance and
repair of the vehicles, for the comfort and convenience of passengers
and for the storage and safe custody of luggage; (f) such other
matters as may be prescribed.
(2) An application referred to in sub-section (1) shall be
accompanied by such documents as may be prescribed.
carriage permit. 71. Procedure of Regional Transport Authority in
considering
application for stage carriage permit. (1) A Regional Transport
Authority shall, while considering an application for a stage
carriage permit, have regard to the objects of this Act: Provided
that such permit for a route of fifty kilometers or less shall be
granted only to an individual or a State transport undertaking.
(2) A Regional Transport Authority shall refuse to grant a stage
carriage permit if it appears from any time-table furnished that the
provisions of this Act relating to the speed at which vehicles may be
driven are likely to be contravened: Provided that before such
refusal an opportunity shall be given to the applicant to amend the
time-table so as to conform to the said provisions.
(3) (a) The State Government shall, if so directed by the Central
Government having regard to the number of vehicles, road conditions
and other relevant matters, by notification in the Official Gazette,
direct a State Transport Authority and a Regional Transport Authority
to limit the number of stage carriages generally or of any specified
type, as may be fixed and specified in the notification, operating on
city routes in towns with a population of not less than five lakhs.
(b) Where the number of stage carriages are fixed under clause (a),
the Government of the State shall reserve in the State certain
percentage of stage carriage permits for the scheduled castes and the
scheduled tribes in the same ratio as in the case of appointments
made by direct recruitment to public services in the State. (c) Where
the number of stage carriages are fixed under clause (a), the
Regional Transport Authority shall reserve such number of permits for
the scheduled castes and the scheduled tribes as may be fixed by the
State Government under sub-clause (b). (d) After reserving such
number of permits as is referred to in clause (c), the Regional
Transport Authority shall in considering an application have regard
to the following matters, namely:-- (i) financial stability of the
applicant; (ii) satisfactory performance as a stage carriage operator
including payment of tax if the applicant is or has been an operator
of stage carriage service; and (iii) such other matters as may be
prescribed by the State Government: Provided that, other conditions
being equal, preference shall be given to applications for permits
from-- (i) State transport undertakings; 625 (ii) co-operative
societies registered or deemed to have been registered under any
enactment for the time being in force; or (iii) ex-servicemen.
(4) A Regional Transport Authority shall not grant more than five
stage carriage permits to any individual or more than ten stage
carriage permits to any company (not being a State transport
undertaking).
(5) In computing the number of permits to be granted under sub-
section (4), the permits held by an applicant in the name of any
other person and the permits held by any company of which such
applicant is a director shall also be taken into account.
Explanation.--For the purposes of this section "company"
means any body corporate, and includes a firm or other association of
individuals; and "director", in relation to a firm, means a
partner in the firm.
72. Grant of stage carriage permits. (1) Subject to the provisions
of section 71, a Regional Transport Authority may, on an application
made to it under section 70, grant a stage carriage permit in
accordance with the application or with such modifications as it
deems fit or refuse to grant such a permit: Provided that no such
permit shall be granted in respect of any route or area not specified
in the application.
(2) The Regional Transport Authority, if it decides to grant a
stage carriage permit, may grant the permit for a stage carriage of a
specified description and may, subject to any rules that may be made
under this Act, attach to the permit any one or more of the following
conditions, namely:-- (i) that the vehicles shall be used only in a
specified area, or on a specified route or routes; (ii) that the
operation of the stage carriage shall be commenced with effect from a
specified date; (iii) the minimum and maximum number of daily trips
to be provided in relation to any route or area generally or on
specified days and occasions; (iv) that copies of the time-table of
the stage carriage approved by the Regional Transport Authority shall
be exhibited on the vehicles and at specified stands and halts on the
route or within the area; (v) that the stage carriage shall be
operated within such margins of deviation from the approved
time-table as the Regional Transport Authority may from time to time
specify; (vi) that within municipal limits and such other areas and
places as may be prescribed, passengers or goods shall not be taken
up or set down except at specified points; (vii) the maximum number
of passengers and the maximum weight of luggage that may be carried
on the stage carriage, either generally or on specified occasions or
at specified times and seasons; (viii) the weight and nature of
passengers' luggage that shall be carried free of charge, the total
weight of luggage that may be carried in relation to each passenger,
and the arrangements that shall be made for the carriage of luggage
without causing inconvenience to passengers; 626 (ix) the rate of
charge that may be levied for passengers' luggage in excess of the
free allowance; (x) that vehicles of a specified type fitted with
body conforming to approved specifications shall be used: Provided
that the attachment of this condition to a permit shall not prevent
the continued use, for a period of two years from the date of
publication of the approved specifications, of any vehicle operating
on that date; (xi) that specified standards of comfort and
cleanliness shall be maintained in the vehicles; (xii) the conditions
subject to which goods may be carried in the stage carriage in
addition to or to the exclusion of passengers; (xiii) that fares
shall be charged in accordance with the approved fare table; (xiv)
that a copy of, or extract from, the fare table approved by the
Regional Transport Authority and particulars of any special fares or
rates of fares so approved for particular occasions shall be
exhibited on the stage carriage and at specified stands and halts;
(xv) that tickets bearing specified particulars shall be issued to
passengers and shall show the fares actually charged and that records
of tickets issued shall be kept in a specified manner; (xvi) that
mails shall be carried on the vehicle subject to such conditions
(including conditions as to the time in which mails are to be carried
and the charges which may be levied) as may be specified; (xvii) the
vehicles to be kept as reserve by the holder of the permit to
maintain the operation and to provide for special occasions; (xviii)
the conditions subject to which vehicle may be used as a contract
carriage; (xix) that specified arrangements shall be made for the
housing, maintenance and repair of vehicle; (xx) that any specified
bus station or shelter maintained by Government or a local authority
shall be used and that any specified rent or fee shall be paid for
such use; (xxi) that the conditions of the permit shall not be
departed from, save with the approval of the Regional Transport
Authority; (xxii) that the Regional Transport Authority may, after
giving notice of not less than one month,-- (a) vary the conditions
of the permit; (b) attach to the permit further conditions: Provided
that the conditions specified in pursuance of clause (i) shall not be
varied so as to alter the distance covered by the original route by
more than 24 kilometers, and any variation within such limits shall
be made only after the Regional Transport 627 Authority is satisfied
that such variation will serve the convenience of the public and that
it is not expedient to grant a separate permit in respect of the
original route as so varied or any part thereof; (xxiii) that the
holder of a permit shall furnish to the Regional Transport Authority
such periodical returns, statistics and other information as the
State Government may from time to time prescribe; (xxiv) any other
conditions which may be prescribed.
73. Application for contract carriage permit. An application for a
permit in respect of a contract carriage (in this Chapter referred to
as a contract carriage permit) shall contain the following
particulars, namely:-- (a) the type and seating capacity of the
vehicle; (b) the area for which the permit is required; (c) any other
particulars which may be prescribed.
74. Grant of contract carriage permit. (1) Subject to the
provisions of sub-section (3), a Regional Transport Authority may,
on an application made to it under section 73, grant a contract
carriage permit in accordance with the application or with such
modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area
not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a
contract carriage permit, may, subject to any rules that may be made
under this Act, attach to the permit any one or more of the following
conditions, namely:-- (i) that the vehicles shall be used only in a
specified area or on a specified route or routes; (ii) that except in
accordance with specified conditions, no contract of hiring, other
than an extension or modification of a subsisting contract, may be
entered into outside the specified area; (iii) the maximum number of
passengers and the maximum weight of luggage that may be carried on
the vehicles, either generally or on specified occasions or at
specified times and seasons; (iv) the conditions subject to which
goods may be carried in any contract carriage in addition to, or to
the exclusion of, passengers; (v) that, in the case of motor cabs,
specified fares or rates of fares shall be charged and a copy of the
fare table shall be exhibited on the vehicle; (vi) that, in the case
of vehicles other than motor cabs, specified rates of hiring not
exceeding specified maximum shall be charged; (vii) that, in the case
of motor cabs, a special weight of passengers' luggage shall be
carried free of charge, and that the charge, if any, for any luggage
in excess thereof shall be at a specified rate; 628 (viii) that, in
the case of motor cabs, a taximeter shall be fitted and maintained in
proper working order, if prescribed; (ix) that the Regional Transport
Authority may, after giving notice of not less than one month,-- (a)
vary the conditions of the permit; (b) attach to the permit further
conditions; (x) that the conditions of permit shall not be departed
from save with the approval of the Regional Transport Authority; (xi)
that specified standards of comfort and cleanliness shall be
maintained in the vehicles; (xii) that, except in the circumstances
of exceptional nature, the plying of the vehicle or carrying of the
passengers shall not be refused; (xiii) any other conditions which
may be prescribed.
(3) (a) The State Government shall, if so directed by the Central
Government, having regard to the number of vehicles, road conditions
and other relevant matters, by notification in the Official Gazette,
direct a State Transport Authority and a Regional Transport Authority
to limit the number of contract carriages generally or of any
specified type, as may be fixed and specified in the notification,
operating on city routes in towns with a population of not less than
five lakhs. (b) Where the number of contract carriages are fixed
under clause (a), the Regional Transport Authority shall, in
considering an application for the grant of permit in respect of any
such contract carriage, have regard to the following matters,
namely:-- (i) financial stability of the applicant; (ii) satisfactory
performance as a contract carriage operator including payment of tax
if the applicant is or has been an operator of contract carriages;
and (iii) such other matters as may be prescribed by the State
Government: Provided that, other conditions being equal, preference
shall be given to applications for permits from-- (i) the India
Tourism Development Corporation; (ii) State Tourism Development
Corporations; (iii) State Tourism Departments; (iv) State transport
undertakings; (v) co-operative societies registered or deemed to have
been registered under any enactment for the time being in force; (vi)
ex-servicemen.
75. Scheme for renting of motor cabs. (1) The Central Government
may, by notification in the Official Gazette, make a scheme for the
purpose of regulating the business of renting of motor cabs to
persons desiring to drive the cabs for their own use and for matters
connected therewith. 629
(2) A scheme made under sub-section (1) may provide for all or any
of the following matters, namely:-- (a) licensing of operators under
the scheme including grant, renewal and revocation of such licences;
(b) form of application and form of licences and the particulars to
be contained therein; (c) fee to be paid with the application for
such licences; (d) the authorities to which the application shall be
made; (e) condition subject to which such licences may be granted,
renewed or revoked; (f) appeals against orders of refusal to grant or
renew such licences and appeals against orders revoking such
licences; (g) conditions subject to which motor cabs may be rented;
(h) maintenance of records and inspection of such records; (i) such
other matters as may be necessary to carry out the purposes of this
section.
76. Application for private service vehicle permit. (1) A Regional
Transport Authority may, on an application made to it, grant a
private service vehicle permit in accordance with the application or
with such modification as it deems fit or refuse to grant such
permit: Provided that no such permit shall be granted in respect of
any area or route not specified in the application.
(2) An application for a permit to use a motor vehicle as a
private service vehicle shall contain the following particulars,
namely:-- (a) type and seating capacity of the vehicle; (b) the area
or the route or routes to which the application relates; (c) the
manner in which it is claimed that the purpose of carrying persons
otherwise than for hire or reward or in connection with the trade or
business carried on by the applicant will be served by the vehicle;
and (d) any other particulars which may be prescribed.
(3) The Regional Transport Authority if it decides to grant the
permit may, subject to any rules that may be made under this Act,
attach to the permit any one or more of the following conditions,
namely:-- (i) that the vehicle be used only in a specified area or on
a specified route or routes; (ii) the maximum number of persons and
the maximum weight of luggage that may be carried; (iii) that the
Regional Transport Authority may, after giving notice of not less
than one month-- (a) vary the conditions of the permit: (b) attach to
the permit further conditions; 630 (iv) that the conditions of permit
shall not be departed from, save with the approval of the Regional
Transport Authority; (v) that specified standards of comforts and
cleanliness shall be maintained in the vehicle; (vi) that the holder
of the permit shall furnish to the Regional Transport Authority such
periodical returns, statistics and other information as the State
Government may, from time to time, specify; and (vii) such other
conditions as may be prescribed.
77. Application for goods carriage permit. An application for a
permit to use a motor vehicle for the carriage of goods for hire or
reward or for the carriage of goods for or in connection with a trade
or business carried on by the applicant (in this Chapter referred to
as a goods carriage permit) shall, as far as may be, contain the
following particulars, namely:-- (a) the area or the route or routes
to which the application relates; (b) the type and capacity of the
vehicle; (c) the nature of the goods it is proposed to carry; (d) the
arrangements intended to be made for the housing, maintenances and
repair of the vehicle and for the storage and safe custody of the
goods; (e) such particulars as the Regional Transport Authority may
require with respect to any business as a carrier of goods for hire
or reward carried on by the applicant at any time before the making
of the application, and of the rates charged by the applicant; (f)
particulars of any agreement, or arrangement, affecting in any
material respect the provision within the region of the Regional
Transport Authority of facilities for the transport of goods for hire
or reward, entered into by the applicant with any other person by
whom such facilities are provided, whether within or without the
region; (g) any other particulars which may be prescribed.
78. Consideration of application for goods carriage permit. A
Regional Transport Authority shall, in considering an application for
a goods carriage permit, have regard to the following matters,
namely:-- (a) the nature of the goods to be carried with special
reference to their dangerous or hazardous nature to human life; (b)
the nature of the chemicals or explosives to be carried with special
reference to the safety to human life.
79. Grant of goods carriage permit. (1) A Regional Transport
Authority may, on an application made to it under section 77, grant a
goods carriage permit to be valid throughout the State or in
accordance with the application or with such modifications as it
deems fit or refuse to grant such a permit: Provided that no such
permit shall be granted in respect of any area or route not specified
in the application. 631
(2) The Regional Transport Authority, if it decides to grant a
goods carriage permit, may grant the permit and may, subject to any
rules that may be made under this Act, attach to the permit any one
or more of the following conditions, namely:-- (i) that the vehicle
shall be used only in a specified area or on a specified route or
routes; (ii) that the gross vehicle weight of any vehicle used shall
not exceed a specified maximum; (iii) that goods of a specified
nature shall not be carried; (iv) that goods shall be carried at
specified rates; (v) that specified arrangement shall be made for the
housing, maintenance and repair of the vehicle and the storage and
safe custody of the goods carried; (vi) that the holder of the permit
shall furnish to the Regional Transport Authority such periodical
returns, statistics and other information as the State Government
may, from time to time, prescribe; (vii) that the Regional Transport
Authority may, after giving notice of not less than one month,-- (a)
vary the conditions of the permit; (b) attach to the permit further
conditions; (viii) that the conditions of the permit shall not be
departed from, save with the approval of the Regional Transport
Authority; (ix) any other conditions which may be prescribed.
(3) The conditions referred to in sub-section (2) may include
conditions relating to the packaging and carriage of goods of
dangerous or hazardous nature to human life.
80. Procedure in applying for and granting permits. (1) An
application for a permit of any kind may be made at any time.
(2) A Regional Transport Authority shall not ordinarily refuse to
grant an application for permit of any kind made at any time under
this Act: Provided that the Regional Transport Authority may
summarily refuse the application if the grant of any permit in
accordance with the application would have the effect of increasing
the number of stage carriages as fixed and specified in a
notification in the
Official Gazette under clause (a) of sub-section (3) of section 71
or of contract carriages as fixed and specified in a notification in
the
Official Gazette under clause (a) of sub-section (3) of section
74: Provided further that where a Regional Transport Authority
refuses an application for the grant of a permit of any kind under
this Act, it shall give to the applicant in writing its reasons for
the refusal of the same and an opportunity of being heard in the
matter.
(3) An application to vary the conditions of any permit, other
than a temporary permit, by the inclusion of a new route or routes or
a new 632 area or by altering the route or routes or area covered by
it, or in the case of a stage carriage permit by increasing the
number of trips above the specified maximum or by the variation,
extension or curtailment of the route or routes or the area specified
in the permit shall be treated as an application for the grant of a
new permit: Provided that it shall not be necessary so to treat an
application made by the holder of stage carriage permit who provides
the only service on any route to increase the frequency of the
service so provided without any increase in the number of vehicles:
Provided further that,-- (i) in the case of variation, the termini
shall not be altered and the distance covered by the variation shall
not exceed twenty-four kilometres; (ii) in the case of extension, the
distance covered by extension shall not exceed twenty-four kilometres
from the termini, and any such variation or extension within such
limits shall be made only after the transport authority is satisfied
that such variation will serve the convenience of the public and that
it is not expedient to grant a separate permit in respect of the
original route as so varied or extended or any part thereof.
(4) A Regional Transport Authority may, before such date as may be
specified by it in this behalf, replace any permit granted by it
before the said date by a fresh permit conforming to the provisions
of section 72 or section 74 or section 76 or section 79, as the case
may be, and the fresh permit shall be valid for the same route or
routes or the same area for which the replaced permit was valid:
Provided that no condition other than a condition which was already
attached to the replaced permit or which could have been attached
thereto under the law in force when that permit was granted shall be
attached to the fresh permit except with the consent in writing of
the holder of the permit.
(5) Notwithstanding anything contained in section 81, a permit
issued under the provisions of sub-section (4) shall be effective
without renewal for the remainder of the period during which the
replaced permit would have been so effective.
81. Duration and renewal of permits. (1) A permit other than a
temporary permit issued under section 87 or a special permit issued
under sub-section (8) of section 88 shall be effective without
renewal for a period of five years: Provided that where the permit is
countersigned under sub-section
(1) of section 88, such countersignature shall remain effective
without renewal for such period so as to synchronise with the
validity of the primary permit.
(2) A permit may be renewed on an application made not less than
fifteen days before the date of its expiry.
(3) Notwithstanding anything contained in sub-section (2), the
Regional Transport Authority or the State Transport Authority, as the
case 1633 may be, may entertain an application for the renewal of a
permit after the last date specified in that sub-section if it is
satisfied that the applicant was prevented by good and sufficient
cause from making an application within the time specified.
(4) The Regional Transport Authority or the State Transport
Authority, as the case may be, may reject an application for the
renewal of a permit on one or more of the following grounds,
namely:-- (a) the financial condition of the applicant as evidenced
by insolvency, or decrees for payment of debts remaining unsatisfied
for a period of thirty days, prior to the date of consideration of
the application; (b) the applicant had been punished twice or more
for any of the following offences within twelve months reckoned from
fifteen days prior to the date of consideration of the application
committed as a result of the operation of a stage carriage service by
the applicant, namely:-- (i) plying any vehicle--
(1) without payment of tax due on such vehicle;
(2) without payment of tax during the grace period allowed for
payment of such tax and then stop the plying of such vehicle;
(3) on any unauthorised route; (ii) making unauthorised trips:
Provided that in computing the number of punishments for the purpose
of clause (b), any punishment stayed by the order of an appellate
authority shall not be taken into account: Provided further that no
application under this sub-section shall be rejected unless an
opportunity of being heard is given to the applicant.
(5) Where a permit has been renewed under this section after the
expiry of the period thereof, such renewal shall have effect from the
date of such expiry irrespective of whether or not a temporary permit
has been granted under clause (d) of section 87, and where a
temporary permit has been granted, the fee paid in respect of such
temporary permit shall be refunded.
82. Transfer of permit. (1) Save as provided in sub-section (2), a
permit shall not be transferable from one person to another except
with the permission of the transport authority which granted the
permit and shall not, without such permission, operate to confer on
any person to whom a vehicle covered by the permit is transferred any
right to use that vehicle in the manner authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to
the possession of the vehicle covered by the permit may, for a period
of three months, use the permit as if it had been granted to himself:
Provided that such person has, within thirty days of the death of the
holder, informed the transport authority which granted the permit of
the death of the holder and of his own intention to use the permit:
634 Provided further that no permit shall be so used after the date
on which it would have ceased to be effective without renewal in the
hands of the deceased holder.
(3) The transport authority may, on application made to it within
three months of the death of the holder of a permit, transfer the
permit to the person succeeding to the possession of the vehicles
covered by the permit: Provided that the transport authority may
entertain an application made after the expiry of the said period of
three months if it is satisfied that the applicant was prevented by
good and sufficient cause from making an application within the time
specified.
83. Replacement of vehicles. The holder of a permit may, with the
permission of the authority by which the permit was granted, replace
any vehicle covered by the permit by any other vehicle of the same
nature.
84. General conditions attaching to all permits. The following
shall be conditions of every permit-- (a) that the vehicle to which
the permit relates carries valid certificate of fitness issued under
section 56 and is at all times so maintained as to comply with the
requirements of this Act and the rules made thereunder; (b) that the
vehicle to which the permit relates is not driven at a speed
exceeding the speed permitted under this Act; (c) that any
prohibition or restriction imposed and any fares or freight fixed by
notification made under section 67 are observed in connection with
the vehicle to which the permit relates; (d) that the vehicle to
which the permit relates is not driven in contravention of the
provisions of section 5 or section 113; (e) that the provisions of
this Act limiting the hours of work of drivers are observed in
connection with any vehicle or vehicles to which the permit relates;
(f) that the provisions of Chapters X, XI and XII so far as they
apply to the holder of the permit are observed; and (g) that the name
and address of the operator shall be painted or otherwise firmly
affixed to every vehicle to which the permit relates on the exterior
of the body of that vehicle on both sides thereof in a colour or
colours vividly contrasting to the colour of the vehicle centered as
high as practicable below the window line in bold letters.
85. General form of permits. Every permit issued under this Act
shall be complete in itself and shall contain all the necessary
particulars of the permit and the conditions attached thereto.
86. 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 section 84 or of any condition contained in
the permit, or 635 (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 (c) if the holder of the permit ceases to own the vehicle
covered by the permit, or (d) if the holder of the permit has
obtained the permit by fraud or misrepresentation, or (e) if the
holder of the goods carriage permit, fails without reasonable cause,
to use the vehicle 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 suspended or
cancelled unless an opportunity has been given to the holder of the
permit to furnish his explanation.
(2) The transport authority may exercise the powers conferred on
it under sub-section (1) 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 68 as if the said permit was a
permit granted by the transport authority.
(3) Where a transport authority cancels or suspends a permit, it
shall give to the holder in writing its reasons for the action taken.
(4) The powers exercisable under sub-section (1) (other than the
power to cancel a permit) by the transport authority which granted
the permit may be exercised by any authority or person to whom such
powers
have been delegated under sub-section (5) of section 68.
(5) Where a permit is liable to be cancelled or suspended under
clause (a) or clause (b) or clause (e) of sub-section (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 sub-section (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.
(6) The powers exercisable by the transport authority under sub-
section (5) may, where an appeal has been preferred under section
89, be exercised also by the appellate authority.
(7) In relation to a permit referred to in sub-section (9) of
section 88, the powers exercisable under sub-section (1) (other
than the power to cancel a permit) by the transport authority which
granted the permit, may be exercised by any transport authority and
any authority or persons to whom power in this behalf has been
delegated
under sub-section (5) of section 68, as if the said permit was a
permit granted by any such authority or persons. 636
87. Temporary permits. (1) A Regional Transport Authority and the
State Transport Authority may without following the procedure laid
down in sector 80, grant permits, to be effective for a limited
period which shall, not in any case exceed four months, to authorise
the use of a transport vehicle temporarily-- (a) for the conveyance
of passengers on special occasions such as to and from fairs and
religious gatherings, or (b) for the purposes of a seasonal business,
or (c) to meet a particular temporary need, or (d) pending decision
on an application for the renewal of a permit, and may attach to any
such permit such condition as it may think fit: Provided that a
Regional Transport Authority or, as the case may be, State Transport
Authority may, in the case of goods carriages, under the
circumstances of an exceptional nature, and for reasons to be
recorded in writing, grant a permit for a period exceeding four
months, but not exceeding one year.
(2) Notwithstanding anything contained in sub-section (1), a
temporary permit may be granted thereunder in respect of any route or
area where-- (i) no permit could be issued under section 72 or
section 74 or section 76 or section 79 in respect of that route or
area by reason of an order of a court or other competent authority
restraining the issue of the same, for a period not exceeding the
period for which the issue of the permit has been so restrained; or
(ii) as a result of the suspension by a court or other competent
authority of the permit of any vehicle in respect of that route or
area, there is no transport vehicle of the same class with a valid
permit in respect of that route or area, or there is no adequate
number of such vehicles in respect of that route or area, for a
period not exceeding the period of such suspension. Provided that the
number of transport vehicles in respect of which temporary permits
are so granted shall not exceed the number of vehicles in respect of
which the issue of the permits have been restrained or, as the case
may be, the permit has been suspended.
88. Validation of permits for use outside region in which
granted. (1) Except as may be otherwise prescribed, a permit
granted by the Regional Transport Authority of any one region shall
not be valid in any other region, unless the permit has been
countersigned by the Regional Transport Authority of that other
rigion, and a permit granted in any one State shall not be valid in
any other State unless countersigned by the State Transport Authority
of that other State or by the Regional Transport Authority concerned:
Provided that a goods carriage permit, granted by the Regional
Transport Authority of any one region, for any area in any other
region or regions within the same State shall be valid in that area
without the 637 countersignature of the Regional Transport Authority
of the other region or of each of the other regions concerned:
Provided further that where both the starting point and the terminal
point of a route are situate within the same State, but part of such
route lies in any other State and the length of such part does not
exceed sixteen kilometres, the permit shall be valid in the other
State in respect of that part of the route which is in that other
State notwithstanding that such permit has not been countersigned by
the State Transport Authority or the Regional Transport Authority of
that other State: Provided also that-- (a) where a motor vehicle
covered by a permit granted in one State is to be used for the
purposes of defence in any other State, such vehicle shall display a
certificate, in such form, and issued by such Authority, as the
Central Government may, by notification in the Official Gazette,
specify, to the effect that the vehicle shall be used for the period
specified therein exclusively for the purposes of defence; and (b)
any such permit shall be valid in that other State notwithstanding
that such permit has not been countersigned by the State Transport
Authority or the Regional Transport Authority of that other State.
(2) Notwithstanding anything contained in sub-section (1), a
permit granted or countersigned by a State Transport Authority shall
be valid in the whole State or in such regions within the State as
may be specified in the permit.
(3) A Regional Transport Authority when countersigning the permit
may attach to the permit any condition which it might have imposed if
it had granted the permit and may likewise vary any condition
attached to the permit by the authority by which the permit was
granted.
(4) The provisions of this Chapter relating to the grant,
revocation and suspension of permits shall apply to the grant,
revocation and suspension of countersignatures of permits: Provided
that it shall not be necessary to follow the procedure laid down in
section 80 for the grant of countersignatures of permits, where the
permits granted in any one State are required to be countersigned by
the State Transport Authority of another State or by the Regional
Transport Authority concerned as a result of any agreement arrived at
between the States after complying with the
requirements of sub-section (5).
(5) Every proposal to enter into an agreement between the States
to fix the number of permits which is proposed to be granted or
countersigned in respect of each route or area, shall be published by
each of the State Governments concerned in the Official Gazette and
in any one or more of the newspapers in regional language circulating
in the area or route proposed to be covered by the agreement together
with a notice of the date before which representations in connection
therewith may be submitted, and the date not being less than thirty
days from the date 638 of publication in the Official Gazette, on
which, and the authority by which, and the time and place at which,
the proposal and any representation received in connection therewith
will be considered.
(6) Every agreement arrived at between the States shall, in so far
as it relates to the grant of countersignature of permits, be
published by each of the State Governments concerned in the Official
Gazette and in any one or more of the newspapers in the regional
language circulating in the area or route covered by the agreement
and the State Transport Authority of the State and the Regional
Transport Authority concerned shall give effect to it.
(7) Notwithstanding anything contained in sub-section (1), a
Regional Transport Authority of one region may issue a temporary
permit under section 87 to be valid in another region or State with
the concurrence, given generally or for the particular occasion, of
the Regional Transport Authority of that other region or of the State
Transport Authority of that other State, as the case may be.
(8) Notwithstanding anything contained in sub-section (1), but
subject to any rules that may be made under this Act by the Central
Government, the Regional Transport Authority of any one region or, as
the case may be, the State Transport Authority, may, for the
convenience of the public, grant a special permit in relation to a
vehicle covered by a permit issued under section 72 (including a
reserve stage carriage) or under section 74 or under sub-section
(9) of this section for carrying a passenger or passengers for hire
or reward under a contract, express or implied, for the use of the
vehicle as a whole without stopping to pick up or set down along the
line of route passengers not included in the contract, and in every
case where such special permit is granted, the Regional Transport
Authority shall assign to the vehicle, for display thereon, a special
distinguishing mark in the form and manner specified by the Central
Government and such special permit shall be valid in any other region
or State without the countersignature of the Regional Transport
Authority of the other region or of the State Transport Authority of
the other State, as the case may be.
(9) Notwithstanding anything contained in sub-section (1) but
subject to any rules that may be made by the Central Government under
sub-section (14), any State Transport Authority may, for the
purpose of promoting tourism, grant permits in respect of tourist
vehicles valid for the whole of India, or in such contiguous States
not being less than three in number including the State in which the
permit is issued as may be specified in such permit in accordance
with the choice indicated in the application and the provisions of
sections 73, 74, 80, 81, 82, 83, 84, 85, 86 and 89 shall, as far as
may be, apply in relation to such permits.
(10) Without prejudice to the provisions of section 74, the State
Transport Authority shall, in considering an application for a permit
under sub-section (9) in respect of tourist vehicles other than
motor cabs have regard to the following matters, namely:-- (a) no
such permit shall be issued-- (i) to an individual owner so as to
exceed ten such valid permits in his own name, 639 (ii) to a company
so as to exceed twenty such valid permits in its own name; (b) the
restriction under clause (a) regarding the number of permits to be
granted shall not apply to the India Tourism Development Corporation,
State Tourism Development Corporations, State Tourism Departments or
State transport undertakings; (c) in computing the number of permits
for the purposes of clause (a), the number of permits held by an
applicant in the name of any other person and the permits held by any
company of which such applicant is a director shall also be taken
into account. Explanation.--For the purposes of this sub-section and
sub-
section (13), "company" means a body corporate, and
includes a firm or other association of individuals; and "director",
in relation to a firm, means a partner in the firm.
(11) The following shall be conditions of every permit granted
under sub-section (9), namely:-- (i) every motor vehicle in
respect of which such permit is granted shall conform to such
description, requirement regarding the seating capacity, standards of
comforts, amenities and other matters, as the Central Government may
specify in this behalf; (ii) every such motor vehicle shall be driven
by a person having such qualifications and satisfying such conditions
as may be specified by the Central Government; and (iii) such other
conditions as may be prescribed by the Central Government.
(12) Notwithstanding anything contained in sub-section (1), but,
subject to the rules that may be made by the Central Government under
sub-section (14), the appropriate authority may, for the purpose
of encouraging long distance inter-State road transport, grant in a
State, national permits in respect of goods carriages and the
provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 and 89
shall, as far as may be, apply to or in relation to the grant of
national permits.
(13) The appropriate authority shall, in considering an
application for a national permit, have regard to the following
matters, namely:-- (a) no national permit shall be issued-- (i) to an
individual owner so as to exceed five national permits in its own
name; (ii) to a company so as to exceed ten valid national permits in
its own name; (b) the restriction under clause (a) regarding the
number of permits to be issued shall not apply to the State transport
undertakings; (c) in computing the number of permits for the purposes
of clause (a), the number of permits held by an applicant in the name
640 of any other person and the permits held by any company of which
such applicant is a director shall also be taken into account.
(14) (a) The Central Government may make rules for carrying out
the provisions of this section. (b) In particular, and without
prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-- (i) the
authorisation fee payable for the issue of a permit
referred to in sub-sections (9) and (12); (ii) the fixation of the
laden weight of the motor vehicle; (iii) the distinguishing
particulars or marks to be carried or exhibited in or on the motor
vehicle; (iv) the colour or colours in which the motor vehicle is to
be painted; (v) such other matters as the appropriate authority shall
consider in granting a national permit. Explanation.--In this
section,-- (a) "appropriate authority", in relation to a
national permit, means the authority which is authorised under this
Act to grant a goods carriage permit; (b) "authorisation fee"
means the annual fee, not exceeding one thousand rupees, which may be
charged by the appropriate authority of a State to enable a motor
vehicle, covered by the
permit referred to in sub-sections (9) and (12) to be used in
other States subject to the payment of taxes or fees, if any, levied
by the States concerned; (c) "national permit" means a
permit granted by the appropriate authority to goods carriages to
operate throughout the territory of India or in such contiguous
States, not being less than four in number, including the State in
which the permit is issued as may be specified in such permit in
accordance with the choice indicated in the application.
89. Appeals. (1) Any person-- (a) aggrieved by the refusal of the
State or a Regional Transport Authority to grant a permit, or by any
condition attached to a permit granted to him, or (b) aggrieved by
the revocation or suspension of the permit or by any variation of the
conditions thereof, or (c) aggrieved by the refusal to transfer the
permit under section 82, or (d) aggrieved by the refusal of the State
or a Regional Transport Authority to countersign a permit, or by any
condition attached to such countersignature, or (e) aggrieved by the
refusal of renewal of a permit, or 641 (f) aggrieved by the refusal
to grant permission under section 83, or (g) aggrieved by any other
order which may be prescribed, may, within the prescribed time and in
the prescribed manner, appeal to the State Transport Appellate
Tribunal constituted
under sub-section (2), who shall, after giving such person and the
original authority an opportunity of being heard, give a decision
thereon which shall be final.
(2) The State Government shall constitute for the State, a State
Transport Appellate Tribunal which shall consist of a judicial
officer who is not below the rank of a District Judge, or who is
qualified to be a Judge of a High Court: Provided that in relation to
a Union territory, the Tribunal may consist of the Administrator of
that territory or any officer who has judicial experience.
(3) Notwithstanding anything contained in sub-section (1) or sub-
section (2), every appeal pending at the commencement of this Act,
shall continue to be proceeded with and disposed of as if this Act
had not been passed. Explanation.--For the removal of doubts, it is
hereby declared that when any order is made by the State Transport
Authority or the Regional Transport Authority in pursuance of a
direction issued by the
Inter-State Transport Commission under clause (c) of sub-section
(2) of section 63A of the Motor Vehicles Act, 1939, (4 of 1939.) as
it stood immediately before the commencement of this Act, and any
person feels aggrieved by such order on the ground that it is not in
consonance with such direction, he may appeal under sub-section
(1) to the State Transport Appellate Tribunal against such order but
not against the direction so issued.
90. Revision. The State Transport Appellate Tribunal may, on an
application made to it, call for the record of any case in which an
order has been made by a State Transport Authority or Regional
Transport Authority against which no appeal lies, and if it appears
to the State Transport Appellate Tribunal that the order made by the
State Transport Authority or Regional Transport Authority is improper
or illegal, the State Transport Appellate Tribunal may pass such
order in relation to the case as it deems fit and every such order
shall be final: Provided that the State Transport Appellate Tribunal
shall not entertain any application from a person aggrieved by an
order of a State Transport Authority or Regional Transport Authority,
unless the application is made within thirty days from the date of
the order: Provided further that the State Transport Appellate
Tribunal may entertain the application after the expiry of the said
period of thirty days, if it is satisfied that the applicant was
prevented by good and sufficient cause from making the application in
time: Provided also that the State Transport Appellate Tribunal shall
not pass an order under this section prejudicial to any person
without giving him a reasonable opportunity of being heard. 642
91. Restriction of hours of work of drivers. (1) No person shall
cause or allow any person who is employed by him for the purpose of
driving a transport vehicle or who is subject to his control for such
purpose to work-- (a) for more than five hours before he has had an
interval of rest of at least half an hour; or (b) for more than eight
hours in one day; or (c) for more than forty-eight hours in any week.
(2) A State Government may, by notification in the Official
Gazette, grant such exemptions from the provisions of sub-section
(1) as it thinks fit, to meet cases of emergency or of delays by
reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the
State Government by rules made under section 96, the State or a
Regional Transport Authority may require persons employing any person
whose work is subject to any of the provisions of sub-section (1)
to fix beforehand the hours of work of such persons so as to conform
to those provisions, and may provide for the recording of the hours
so fixed.
(4) No person shall work or shall cause or allow any other person
to work outside the hours fixed or recorded for the work of such
persons under sub-section (3).
(5) A State Government may prescribe the circumstances under which
and the period during which the driver of a vehicle although not
engaged in work is required to remain on or near the vehicle may be
deemed to be an interval for rest within the meaning of sub-section
(1).
92. Voidance of contracts restrictive of liability. Any contract
for the conveyance of a passenger in a stage carriage or contract
carriage, in respect of which a permit has been issued under this
Chapter, shall, so far as it purports to negative or restrict the
liability of any person in respect of any claim made against that
person in respect of the death of, or bodily injury to, the passenger
while being carried in, entering or alighting from the vehicle, or
purports to impose any conditions with respect to the enforcement of
any such liability, be void.
93. Agent or canvasser to obtain licence. (1) No person shall
engage himself-- (i) as an agent or a canvasser, in the sale of
tickets for travel by public service vehicles or in otherwise
soliciting custom for such vehicles, or (ii) as an agent in the
business of collecting, forwarding or distributing goods carried by
goods carriages, unless he has obtained a licence from such authority
and subject to such conditions as may be prescribed by the State
Government.
(2) The conditions referred to in sub-section (1) may include all
or any of the following matters, namely:-- (a) the period for which a
licence may be granted or renewed; 643 (b) the fee payable for the
issue or renewal of the licence; (c) the deposit of security-- (i) of
a sum not exceeding rupees fifty thousand in the case of an agent in
the business of collecting, forwarding or distributing goods carried
by goods carriages; (ii) of a sum not exceeding rupees five thousand
in the case of any other agent or canvasser, and the circumstances
under which the security may be forfeited; (d) the provisions by the
agent of insurance of goods in transit; (e) the authority by which
and the circumstances under which the licence may be suspended or
revoked; (f) such other conditions as may be prescribed by the State
Government.
(3) It shall be a condition of every licence that no agent or
canvasser to whom the licence is granted shall advertise in any
newspaper, book, list, classified directory or other publication
unless there is contained in such advertisement appearing in such
newspaper, book, list, classified directory or other publication the
licence number, the date of expiry of licence and the particulars of
the authority which granted the licence.
94. Bar on jurisdiction of Civil Courts. No Civil Court shall have
jurisdiction to entertain any question relating to the grant of a
permit under this Act, and no injunction in respect of any action
taken or to be taken by the duly constituted authorities under this
Act with regard to the grant of a permit, shall be entertained by any
Civil Court.
carriages. 95. Power of State Government to make rules as to stage
carriages
and contract carriages. (1) A State Government may make rules to
regulate, in respect of stage carriages and contract carriages and
the conduct of passengers in such vehicles.
(2) Without prejudice to the generality of the foregoing
provision, such rules may-- (a) authorise the removal from such
vehicle of any person contravening the rules by the driver or
conductor of the vehicle, or, on the request of the driver or
conductor, or any passenger, by any police officer; (b) require a
passenger who is reasonably suspected by the driver or conductor of
contraventing the rules to give his name and address to a police
officer or to the driver or conductor on demand; (c) require a
passenger to declare, if so demanded by the driver or conductor, the
journey he intends to take or has taken in the vehicle and to pay the
fare for the whole of such journey and to accept any ticket issued
therefor; 644 (d) require, on demand being made for the purpose by
the driver or conductor or other person authorised by the owners of
the vehicle, production during the journey and surrender at the end
of the journey by the holder thereof of any ticket issued to him; (e)
require a passenger, if so requested by the driver or conductor, to
leave the vehicle on the completion of the journey the fare for which
he has paid; (f) require the surrender by the holder thereof on the
expiry of the period for which it is issued of a ticket issued to
him; (g) require a passenger to abstain from doing anything which is
likely to obstruct or interfere with the working of the vehicle or to
cause damage to any part of the vehicle or its equipment or to cause
injury or discomfort to any other passenger; (h) require a passenger
not to smoke in any vehicle on which a notice prohibiting smoking is
exhibited; (i) require the maintenance of complaint books in stage
carriages and prescribe the conditions under which passengers can
record any complaints in the same.
96. Power of State Government to make rules for the purposes of
this Chapter. (1) A State Government may make rules for the
purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power,
rules under this section may be made with respect to all or any of
the following matters, namely:-- (i) the period of appointment and
the terms of appointment of and the conduct of business by Regional
and State Transport Authorities and the reports to be furnished by
them; (ii) the conduct of business by any such authority in the
absence of any member (including the Chairman) thereof and the nature
of business which, the circumstances under which and the manner in
which, business could be so conducted; (iii) the conduct and hearing
of appeals that may be preferred under this Chapter, the fees to be
paid in respect of such appeals and the refund of such fees; (iv) the
forms to be used for the purposes of this Chapter, including the
forms of permits; (v) the issue of copies of permits in place of
permits lost, destroyed or multilated; (vi) the documents, plates and
marks to be carried by transport vehicles, the manner in which they
are to be carried and the languages in which any such documents are
to be expressed; (vii) the fees to be paid in respect of applications
for permits duplicate permits and plates; 645 (vii) the exemption of
prescribed persons or prescribed classes of persons from payment of
all or any or any portion of the fees payable under this Chapter;
(ix) the custody, production and cancellation on revocation or
expiration of permits, and the return of permits which have been
cancelled; (x) the conditions subject to which, and the extent to
which, a permit granted in another State shall be valid in the State
without countersignature; (xi) the conditions subject to which, and
the extent to which, a permit granted in one region shall be valid in
another region within the State without countersignature; (xii) the
conditions to be attached to permits for the purpose of giving effect
to any agreement such as is referred to
in clause (iii) of sub-section (1) of section 67; (xiii) the
authorities to whom, the time within which and the manner in which
appeals may be made; (xiv) the construction and fittings of, and the
equipment to be carried by, stage and contract carriage, whether
generally or in specified areas; (xv) the determination of the number
of passengers a stage or contract carriage is adapted to carry and
the number which may be carried; (xvi) the conditions subject to
which goods may be carried on stage and contract carriages partly or
wholly in lieu of passengers; (xvii) the safe custody and disposal of
property left in a stage or contract carriage; (xviii) regulating the
painting or marking of transport vehicles and the display of
advertising matter thereon, and in particular prohibiting the
painting or marking of transport vehicles in such colour or manner as
to induce any person to believe that the vehicle is used for the
transport of mails; (xix) the conveyance in stage or contract
carriages of corpses or persons suffering from any infectious or
contagious disease or goods likely to cause discomfort or injury to
passengers and the inspection and disinfection of such carriage; if
used for such purposes; (xx) the provision of taxi meters on motor
cabs requiring approval or standard types of taxi meters to be used
and examining testing and sealing taxi meters; (xxi) prohibiting the
picking up or setting down of passengers by stage or contract
carriages at specified places or in specified areas or at places
other than duly notified stands or halting places and requiring the
driver of a stage carriage to stop and remain stationary for a
reasonable time when so required by a passenger 646 desiring to board
or alight from the vehicle at a notified halting place; (xxii) the
requirements which shall be complied with in the construction or use
of any duly notified stand or halting place, including the provision
of adequate equipment and facilities for the convenience of all users
thereof; the fees, if any, which may be charged for the use of such
facilities, the records which shall be maintained at such stands or
places, the staff to be employed thereat, and the duties and conduct
of such staff, and generally for maintaining such stands and places
in a serviceable and clean condition; (xxiii) the regulation of motor
cab ranks; (xxiv) requiring the owners of transport vehicles to
notify any change of address or to report the failure of or damage to
any vehicle used for the conveyance of passengers for hire or reward;
(xxv) authorising specified persons to enter at all reasonable times
and inspect all premises used by permit holders for the purposes of
their business; (xxvi) requiring the person in charge of a stage
carriage to carry any person tendering the legal or customary fare;
(xxvii) the conditions under which and the types of containers or
vehicles in which animals or birds may be carried and the seasons
during which animals or birds may or may not be carried; (xxviii) the
licensing of and the regulation of the conduct of agents or
canvassers who engage in the sale of tickets for travel by public
service vehicles or otherwise solicit custom for such vehicles;
(xxix) the licensing of agents engaged in the business of collecting
for forwarding and distributing goods carried by goods carriages;
(xxx) the inspection of transport vehicles and their contents and of
the permits relating to them; (xxxi) the carriage of persons other
than the driver in goods carriages; (xxxii) the records to be
maintained and the returns to be furnished by the owners of transport
vehicles; and (xxxiii) any other matter which is to be or may be
prescribed. CHAP SPECIAL PROVISIONS RELATING TO STATE TRANSPORT
UNDERTAKINGS CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE
TRANSPORT UNDERTAKINGS
97. Definition. In this Chapter, unless the context otherwise
requires, "road transport service" means a service of motor
vehicles carrying passengers or goods or both by road for hire or
reward. 647
98. Chapter to override Chapter V and other laws. The provisions
of this Chapter and the rules and orders made thereunder shall have
effect notwithstanding anything inconsistent therewith contained in
Chapter V or in any other law for the time being in force or in any
instrument having effect by virtue of any such law.
of a State transport undertaking. 99. Preparation and publication
of proposal regarding road transport service of a State transport
undertaking. Where any State Government is of opinion that for the
purpose of providing an efficient, adequate, economical and properly
co-ordinated road transport service, it is necessary in the public
interest that road transport services in general or any particular
class of such service in relation to any area or route or portion
thereof should be run and operated by the State transport
undertaking, whether to the exclusion, complete or partial, of other
persons or otherwise, the State Government may formulate a proposal
regarding a scheme giving particulars of the nature of the services
proposed to be rendered, the area or route proposed to be covered and
other relevant particulars respecting thereto and shall publish such
proposal in the Official Gazette of the State formulating such
proposal and in not less than one newspaper in the regional language
circulating in the area or route proposed to be covered by such
scheme and also in such other manner as the State Government
formulating such proposal deem fit.
100. Objection to the proposal. (1) On the publication of any
proposal regarding a scheme in the Official Gazette and in not less
than one newspaper in the regional language circulating in the area
or route which is to be covered by such proposal any person may,
within thirty days from the date of its publication in the Official
Gazette, file objections to it before the State Government.
(2) The State Government may, after considering the objections and
after giving an opportunity to the objector or his representatives
and the representatives of the State transport undertaking to be
heard in the matter, if they so desire, approve or modify such
proposal.
(3) The scheme relating to the proposal as approved or modified
under sub-section (2) shall then be published in the Official
Gazette by the State Government making such scheme and in not less
than one newspaper in the regional language circulating in the area
or route covered by such scheme and the same shall thereupon become
final on the date of its publication in the Official Gazette and
shall be called the approved scheme and the area or route to which it
relates shall be called the notified area or notified route: Provided
that no such scheme which relates to any inter-State route shall be
deemed to be an approved scheme unless it has the previous approval
of the Central Government.
(4) Notwithstanding anything contained in this section, where a
scheme is not published as an approved scheme under sub-section
(3) in the Official Gazette within a period of one year from the date
of publication of the proposal regarding the scheme in the Official
Gazette under sub-section (1), the proposal shall be deemed to
have lapsed. Explanation.--In computing the period of one year
referred to in this sub-section, any period or periods during which
the publication of 648
the approved scheme under sub-section (3) was held up on account
of any stay or injunction by the order of any court shall be
excluded.
circumstances. 101. Operation of additional services by a State
transport undertaking in certain circumstances. Notwithstanding
anything contained in section 87, a State transport undertaking may,
in the public interest operate additional services for the conveyance
of the passengers on special occasions such as to and from fairs and
religious gatherings: Provided that the State transport undertaking
shall inform about the operation of such additional services to the
concerned Transport Authority without delay.
102. Cancellation or modification of scheme. (1) The State
Government may, at any time, if it considers necessary, in the public
interest so to do, modify any approved scheme after giving-- (i) the
State transport undertaking; and (ii) any other person who, in the
opinion of the State Government, is likely to be affected by the
proposed modification, an opportunity of being heard in respect of
the proposed modification.
(2) The State Government shall publish any modification proposed
under sub-section (1) in the Official Gazette and in one of the
newspapers in the regional languages circulating in the area in which
it is proposed to be covered by such modification, together with the
date, not being less than thirty days from such publication in the
Official Gazette, and the time and place at which any representation
received in this behalf will be heard by the State Government.
103. Issue of permits to State transport undertakings. (1) Where,
in pursuance of an approved scheme, any State transport undertaking
applies in such manner as may be prescribed by the State Government
in this behalf for a stage carriage permit or a goods carriage permit
or a contract carriage permit in respect of a notified area or
notified route, the State Transport Authority in any case where the
said area or route lies in more than one region and the Regional
Transport Authority in any other case shall issue such permit to the
State transport undertaking, notwithstanding anything to the contrary
contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in
respect of a notified area or notified route, the State Transport
Authority or, as the case may be, the Regional Transport Authority
concerned may, by order,-- (a) refuse to entertain any application
for the grant or renewal of any other permit or reject any such
application as may be pending; (b) cancel any existing permit; (c)
modify the terms of any existing permit so as to-- (i) render the
permit ineffective beyond a specified date; (ii) reduce the number of
vehicles authorised to be used under the permit; 649 (iii) curtail
the area or route covered by the permit in so far as such permit
relates to the notified area or notified route.
(3) For the removal of doubts, it is hereby declared that no
appeal shall lie against any action taken, or order passed, by the
State Transport Authority or any Regional Transport Authority under
sub-section (1) or sub-section (2).
route. 104. Restriction on grant of permits in respect of a
notified area or notified route. Where a scheme has been published
under sub-
section (3) of section 100 in respect of any notified area or
notified route, the State Transport Authority or the Regional
Transport Authority, as the case may be, shall not grant any permit
except in accordance with the provisions of the scheme: Provided that
where no application for a permit has been made by the State
transport undertaking in respect of any notified area or notified
route in pursuance of an approved scheme, the State Transport
Authority or the Regional Transport Authority, as the case may be,
may grant temporary permits to any person in respect of such notified
area or notified route subject to the condition that such permit
shall cease to be effective on the issue of a permit to the State
transport undertaking in respect of that area or route.
105. Principles and method of determining compensation and
payment thereof. (1) Where, in exercise of the powers conferred by
clause (b) or clause (c) of sub-section (2) of section 103, any
existing permit is cancelled or the terms thereof are modified, there
shall be paid by the State transport undertaking to the holder of the
permit, compensation, the amount of which shall be determined in
accordance with the provisions of sub-section (4) or sub-section
(5), as the case may be.
(2) Notwithstanding anything contained in sub-section (1), no
compensation shall be payable on account of the cancellation of any
existing permit or any modification of the terms thereof, when a
permit for an alternative route or area in lieu thereof has been
offered by the State Transport Authority or the Regional Transport
Authority, as the case may be and accepted by the holder of the
permit.
(3) For the removal of doubts, it is hereby declared that no
compensation shall be payable on account of the refusal to renew a
permit under clause (a) of sub-section (2) of section 103.
(4) Where, in exercise of the powers conferred by clause (b) or
sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2)
of section 103, any existing permit is cancelled or the terms thereof
are modified so as to prevent the holder of the permit from using any
vehicle authorised to be used thereunder for the full period from
which the permit, would otherwise have been effective, the
compensation payable to the holder of the permit for each vehicle
affected by such cancellation or modification shall be computed as
follows:-- (a) for every complete month or part of a month exceeding
fifteen days of the unexpired period of the permit Two hundred
rupees; (b) for part of a month not exceeding fifteen days of the
unexpired period of the permit One hundred rupees: 650 Provided that
the amount of compensation shall, in no case, be less than four
hundred rupees.
(5) Where, in exercise of the powers conferred by sub-clause
(iii) of clause (c) of sub-section (2) of section 103, the terms
of an existing permit are modified so as to curtail the area or route
of any vehicle authorised to be used thereunder, the compensation
payable to the holder of the permit on account of such curtailment
shall be an amount computed in accordance with the following formula,
namely:-- YXA ----- R Explanation.--In this formula,-- (i) "Y"
means the length or area by which the route or area covered by the
permit is curtailed; (ii) "A" means the amount computed in
accordance with
sub-section (4); (iii) "R" means the total length of the
route or the total area covered by the permit.
(6) The amount of compensation payable under this section shall be
paid by the State transport undertaking to the person or persons
entitled thereto within one month from the date on which the
cancellation or modification of the permit becomes effective:
Provided that where the State transport undertaking fails to make the
payment within the said period of one month, it shall pay interest at
the rate of seven per cent. per annum from the date on which it falls
due.
106. Disposal of article found in vehicles. Where any article
found in any transport vehicle operated by the State transport
undertaking is not claimed by its owner within the prescribed period,
the State transport undertaking may sell the article in the
prescribed manner and the sale proceeds thereof, after deducting the
costs incidental to sale, shall be paid to the owner on demand.
107. Power of State Government to make rules. (1) The State
Government may make rules for the purpose of carrying into effect the
provisions of this Chapter.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-- (a) the form in which any proposal
regarding a scheme may be published under section 99; (b) the manner
in which objections may be filed under sub-
section (1) of section 100; (c) the manner in which objections may
be considered and
disposed of under sub-section (2) of section 100; (d) the form in
which any approved scheme may be published
under sub-section (3) of section 100; 651
(e) the manner in which application under sub-section (1) of
section 103 may be made; (f) the period within which the owner may
claim any article found left in any transport vehicle under section
106 and the manner of sale of such article; (g) the manner of service
of orders under this Chapter; (h) any other matter which has to be,
or may be, prescribed.
CentralGovernment. 108. Certain powers of State Government
exercisable by the Central Government. The powers conferred on the
State Government under this Chapter shall, in relation to a
corporation or company owned or controlled by the Central Government
or by the Central Government and one or more State Governments, be
exercisable only by the Central Government in relation to an
inter-State route or area. CHAP CONSTRUCTION, EQUIPMENT AND
MAINTENANCE OF MOTOR VEHICLES CHAPTER VII CONSTRUCTION, EQUIPMENT AND
MAINTENANCE OF MOTOR VEHICLES
109. General provision regarding construction and maintenance of
vehicles. (1) Every motor vehicle shall be so constructed and so
maintained as to be at all times under the effective control of the
person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right
hand steering control unless it is equipped with a mechanical or
electrical signalling device of a prescribed nature.
110. Power of Central Government to make rules. (1) The Central
Government may make rules regulating the construction, equipment and
maintenance of motor vehicles and trailers with respect to all or any
of the following matters, namely:-- (a) the width, height, length and
overhang of vehicles and of the loads carried; (b) the size, nature
and condition of tyres; (c) brakes and steering gear; (d) the use of
safety glasses including prohibition of the use of tinted safety
glasses; (e) signalling appliances, lamps and reflectors; (f) speed
governors; (g) the emission of smoke, visible vapour, sparks, ashes,
grit or oil; (h) the reduction of noise emitted by or caused by
vehicles; (i) the embossment of chassis number and engine number and
the date of manufacture; (j) safety belts, handle bars of motor
cycles, auto-dippers and other equipments essential for safety of
drivers, passengers and other road users; 652 (k) standards of the
components used in the vehicle as inbuilt safety devices; (l)
provision for transportation of goods of dangerous or hazardous
nature to human life; (m) standards for emission of air pollutants:
Provided that any rules relating to the matters dealing with the
protection of environment, so far as may be, shall be made after
consultation with the Ministry of the Government of India dealing
with environment.
(2) Rules may be made under sub-section (1) governing the matters
mentioned therein, including the manner of ensuring the compliance
with such matters and the maintenance of motor vehicles in respect of
such matters, either generally in respect of motor vehicles or
trailers or in respect of motor vehicles or trailers of a particular
class or in particular circumstances.
(3) Notwithstanding anything contained in this section,-- (a) the
Central Government may exempt any class of motor vehicles from the
provisions of this Chapter; (b) a State Government may exempt any
motor vehicle or any class or description of motor vehicles from the
rules made under
sub-section (1) subject to such conditions as may be prescribed by
the Central Government.
111. Power of State Government to make rules. (1) A State
Government may make rules regulating the construction, equipment and
maintenance of motor vehicles and trailers with respect to all
matters
other than the matters specified in sub-section (1) of section
110.
(2) Without prejudice to the generality of the foregoing power,
rules may be made under this section governing all or any of the
following matters either generally in respect of motor vehicles or
trailers or in respect of motor vehicles or trailers of a particular
class or description or in particular circumstances, namely:-- (a)
seating arrangements in public service vehicles and the protection of
passengers against the weather; (b) prohibiting or restricting the
use of audible signals at certain times or in certain places; (c)
prohibiting the carrying of appliances likely to cause annoyance or
danger; (d) the periodical testing and inspection of vehicles by
prescribed authorities; (e) the particulars other than registration
marks to be exhibited by vehicles and the manner in which they shall
be exhibited; (f) the use of trailers with motor vehicles; and (g)
the placement of audio-visual or radio or taperecorder type of
devices in the vehicle. 653 CHAP CONTROL OF TRAFFIC CHAPTER VIII
CONTROL OF TRAFFIC
112. Limits of speed. (1) No person shall drive a motor vehicle or
cause or allow a motor vehicle to be driven in any public place at a
speed exceeding the maximum speed or below the minimum speed fixed
for the vehicle under this Act or by or under any other law for the
time being in force: Provided that such maximum speed shall in no
case exceed the maximum fixed for any motor vehicle or class or
description of motor vehicles by the Central Government by
notification in the Official Gazette.
(2) The State Government or any authority authorised in this
behalf by the State Government may, if satisfied that it is necessary
to restrict the speed of motor vehicles in the interest of public
safety or convenience or because of the nature of any road or bridge,
by notification in the Official Gazette, and by causing appropriate
traffic signs to be placed or erected under section 116 at suitable
places, fix such maximum speed limits or minimum speed limits as it
thinks fit for motor vehicles or any specified class or description
of motor vehicles or for motor vehicles to which a trailer is
attached, either generally or in a particular area or on a particular
road or roads: Provided that no such notification is necessary if any
restriction under this section is to remain in force for not more
than one month.
(3) Nothing in this section shall apply to any vehicle registered
under section 60 while it is being used in the execution of military
manoeuvres within the area and during the period specified in the
notification under sub-section (1) of section 2 of the Manoeuvres,
Field Firing and Artillery Practice Act, 1938. (5 of 1938.)
113. Limits of weight and limitations on use. (1) The State
Government may prescribe the conditions for the issue of permits for
heavy goods vehicles or heavy passenger motor vehicles by the State
or Regional Transport Authorities and may prohibit or restrict the
use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive
or cause or allow to be driven in any public place any motor vehicle
which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any
public place any motor vehicle or trailer-- (a) the unladen weight of
which exceeds the unladen weight specified in the certificate of
registration of the vehicle, or (b) the laden weight of which exceeds
the gross vehicle weight specified in the certificate of
registration.
(4) Where the driver or person in charge of a motor vehicle or
trailer driven in contravention of sub-section (2) or clause (a)
of
sub-section (3) is not the owner, a Court may presume that the
offence was committed with the knowledge of or under the orders of
the owner of the motor vehicle or trailer. 654
114. Power to have vehicle weighed. (1) Any person authorised in
this behalf by the State Government may, if he has reason to believe
that a goods vehicle or trailer is being used in contravention of
section 113, require the driver to convey the vehicle to a weighing
device, if any, within a distance of ten kilometres from any point on
the forward route or within a distance of twenty kilometres from the
destination of the vehicle for weighment; and if on such weighment
the vehicle is found to contravene in any respect the provisions of
section 113 regarding weight, he may, by order in writing, direct the
driver to off-load the excess weight at his own risk and not to
remove the vehicle or trailer from that place until the laden weight
has been reduced or the vehicle or trailer has otherwise been dealt
with so that it complies with section 113 and on receipt of such
notice, the driver shall comply with such directions.
(2) Where the person authorised under sub-section (1) makes the
said order in writing, he shall also endorse the relevant details of
the overloading on the goods carriage permit and also intimate the
fact of such endorsement to the authority which issued that permit.
115. Power to restrict the use of vehicles. The State Government
or any authority authorised in this behalf by the State Government,
if satisfied that it is necessary in the interest of public safety or
convenience, or because of the nature of any road or bridge, may by
notification in the Official Gazette, prohibit or restrict, subject
to such exceptions and conditions as may be specified in
notification, the driving of motor vehicles or of any specified class
or description of motor vehicles or the use of trailers either
generally in a specified area or on a specified road and when any
such prohibition or restriction is imposed, shall cause appropriate
traffic signs to be placed or erected under section 116 at suitable
places: Provided that where any prohibition or restriction under this
section is to remain in force for not more than one month,
notification thereof in the Official Gazette shall not be necessary,
but such local publicity as the circumstances may permit, shall be
given of such prohibition or restriction.
116. Power to erect traffic signs. (1) (a) The State Government or
any authority authorised in this behalf by the State Government may
cause or permit traffic signs to be placed or erected in any public
place for the purpose of bringing to public notice any speed limits
fixed under sub-section (2) of section 112 or any prohibitions or
restrictions imposed under section 115 or generally for the purpose
of regulating motor vehicle traffic. (b) A State Government or any
authority authorised in this behalf by the State Government may, by
notification in the Official Gazette or by the erection at suitable
places of the appropriate traffic sign referred to in Part A of the
Schedule, designate certain roads as main roads for the purposes of
the driving regulations made by the Central Government.
(2) Traffic signs placed or erected under sub-section (1) for any
purpose for which provision is made in the Schedule shall be of the
size, colour and type and shall have the meanings set forth in the
Schedule, but the State Government or any authority empowered in this
behalf by the State Government may make or authorise the addition to
any sign set forth in the said Schedule, of transcriptions of the
words, letters or figures thereon in such script as the State
Government may think fit, 655 provided that the transcriptions shall
be of similar size and colour to the words, letters or figures set
forth in the Schedule.
(3) Except as provided by sub-section (1), no traffic sign shall,
after the commencement of this Act, be placed or erected on or near
any road; but all traffic signs placed or erected prior to the
commencement of this Act by any competent authority shall for the
purpose of this Act be deemed to be traffic signs placed or erected
under the provisions of sub-section (1).
(4) A State Government may, by notification in the Official
Gazette, empower any police officer not below the rank of a
Superintendent of Police to remove or cause to be removed any sign or
advertisement which is so placed in his opinion as to obscure any
traffic sign from view or any sign or advertisement which is in his
opinion so similar in appearance to a traffic sign as to be
misleading or which in his opinion is likely to distract the
attention or concentration of the driver.
(5) No person shall wilfully remove, alter, deface, or in any way
tamper with, any traffic signs placed or erected under this section.
(6) If any person accidentally causes such damage to a traffic
sign as renders it useless for the purpose for which it is placed or
erected under this section, he shall report the circumstances of the
occurrence to a police officer or at a police station as soon as
possible, and in any case within twenty-four hours of the occurrence.
(7) For the purpose of bringing the signs set forth in the
Schedule in conformity with any International Convention relating to
motor traffic to which the Central Government is for the time being a
party, the Central Government may, by notification in the Official
Gazette, make any addition or alteration to any such sign and on the
issue of any such notification, the Schedule shall be deemed to be
amended accordingly.
117. Parking places and halting stations. The State Government or
any authority authorised in this behalf by the State Government may,
in consultation with the local authority having jurisdiction in the
area concerned, determine places at which motor vehicles may stand
either indefinitely or for a specified period of time, and may
determine the places at which public service vehicles may stop for a
longer time than is necessary for the taking up and setting down of
passengers.
118. Driving regulations. The Central Government may, by
notification in the Official Gazette, make regulations for the
driving of motor vehicles.
119. Duty to obey traffic signs. (1) Every driver of a motor
vehicle shall drive the vehicle in conformity with any indication
given by mandatory traffic sign and in conformity with the driving
regulations made by the Central Government, and shall comply with all
directions given to him by any police officer for the time being
engaged in the regulation of traffic in any public place.
(2) In this section "mandatory traffic sign" means a
traffic sign included in Part A of the Schedule, or any traffic sign
of similar form (that is to say, consisting of or including a
circular disc diplaying a device, word or figure and having a red
ground or border) placed or erected 656 for the purpose of regulating
motor vehicle traffic under sub-section
(1) of section 116.
120. Vehicles with left hand control. No person shall drive or
cause or allow to be driven in any public place any motor vehicle
with a left-hand steering control unless it is equipped with a
mechanical or electrical signalling device of a prescribed nature and
in working order.
121. Signals and signalling devices. The driver of a motor vehicle
shall make such signals and on such occasions as may be prescribed by
the Central Government: Provided that the signal of an intention to
turn to the right or left or to stop-- (a) in the case of a motor
vehicle with a right-hand steering control, may be given by a
mechanical or electrical device of a prescribed nature affixed to the
vehicle; and (b) in the case of a motor vehicle with a left hand
steering control, shall be given by a mechanical or electrical device
of a prescribed nature affixed to the vehicle: Provided further that
the State Government may, having regard to the width and condition of
the roads in any area or route, by notification in the Official
Gazette, exempt subject to such conditions as may be specified
therein any motor vehicle or class or description of motor vehicles
from the operation of this section for the purpose of plying in that
area or route.
122. Leaving vehicle in dangerous position. No person in charge of
a motor vehicle shall cause or allow the vehicle or any trailer to be
abandoned or to remain at rest on any public place in such a position
or in such a condition or in such circumstances as to cause or likely
to cause danger, obstruction or undue inconvenience to other users of
the public place or to the passengers.
123. Riding on running board, etc. (1) No person driving or in
charge of a motor vehicle shall carry any person or permit any person
to be carried on the running board or otherwise than within the body
of the vehicle.
(2) No person shall travel on the running board or on the top or
on the bonnet of a motor vehicle.
124. Prohibition against travelling without pass or ticket. No
person shall enter or remain in any stage carriage for the purposes
of travelling therein unless he has with him a proper pass or ticket:
Provided that where arrangements for the supply of tickets are made
in the stage carriage by which a person has to travel, a person may
enter such stage carriage but as soon as may be after his entry
therein, be shall make the payment of his fare to the conductor or
the driver who performs the functions of a conductor and obtain from
such conductor or driver, as the case may be, a ticket for his
journey. Explanation.--In this section,-- (a) "pass" means
a duty, privilege or courtesy pass entitling the person to whom it is
given to travel in a stage carriage gratuitously and includes a pass
issued on payment for travel in a stage carriage for the period
specified therein; 657 (b) "ticket" includes a single
ticket, a return ticket or a season ticket.
125. Obstruction of driver. No person driving a motor vehicle
shall allow any person to stand or sit or to place anything in such a
manner or position as to hamper the driver in his control of the
vehicle.
126. Stationary vehicles. No person driving or in charge of a
motor vehicle shall cause or allow the vehicle to remain stationary
in any public place, unless there is in the driver's seat a person
duly licensed to drive the vehicle or unless the mechanism has been
stopped and a brake or brakes applied or such other measures taken as
to ensure that the vehicle cannot accidentally be put in motion in
the absence of the driver.
127. Removal of motor vehicles abandoned or left unattended on a
public place. (1) Where any motor vehicle is abandoned, or left
unattended, on a public place for ten hours or more, its removal by a
towing service may be authorised by a police officer having
jurisdiction.
(2) Where an abandoned, unattended, wrecked, burnt or partially
dismantled vehicle is creating a traffic hazard, because of its
position in relation to the highway, or its physical appearance is
causing the impediment to the traffic, its immediate removal from the
highway by a towing service may be authorised by a police officer
having jurisdiction.
(3) Where a vehicle is authorised to be removed under sub-section
(1) or sub-section (2) by a police officer, the owner of the
vehicle shall be responsible for all towing costs, besides any other
penalty.
128. Safety measures for drivers and pillion riders. (1) No driver
of a two-wheeled motor cycle shall carry more than one person in
addition to himself on the motor cycle and no such person shall be
carried otherwise than sitting on a proper seat securely fixed to the
motor cycle behind the driver's seat with appropriate safety
measures.
(2) In addition to the safety measures mentioned in sub-section
(1), the Central Government may, prescribe other safety measures
for the drivers of two-wheeled motor cycles and pillion riders
thereon.
129. Wearing of protective headgear. Every person driving or
riding (otherwise than in a side car, on a motor cycle of any class
or description) shall, while in a public place, wear a protective
headgear of such description as may be specified by the State
Government by rules made by it in this behalf, and different
descriptions of headgears may be specified in such rules in relation
to different circumstances or different class or description of motor
cycles: Provided that the provisions of this section shall not apply
to a person who is a Sikh, if he is, while driving or riding on the
motor cycle, in a public place, wearing a turban: Provided further
that the State Government may, by such rules, provide for such
exceptions as it may think fit. Explanation.--"Protective
headgear" means a helmet which,-- (a) by virtue of its shape,
material and construction, could reasonably be expected to afford to
the person driving or riding on a 658 motor cycle a degree of
protection from injury in the event of an accident; and (b) is
securely fastened to the head of the wearer by means of straps or
other fastenings provided on the headgear.
130. Duty to produce licence and certificate of registration. (1)
The driver of a motor vehicle in any public place shall, on demand by
any police officer in uniform, produce his licence for examination:
Provided that the driver may, if his licence has been submitted to,
or has been seized by, any officer or authority under this or any
other Act, produce in lieu of the licence a receipt or other
acknowledgment issued by such officer or authority in respect thereof
and thereafter produce the licence within such period, in such manner
as the Central Government may prescribe to the police officer making
the demand.
(2) The conductor, if any, of a motor vehicle in any public place
shall, on demand by any police officer in uniform, produce his
licence for examination.
(3) The owner of a motor vehicle (other than a vehicle registered
under section 60), or in his absence the driver or other person in
charge of the vehicle, shall in demand by a registering authority or
any person authorised, in this behalf by the State Government produce
the certificate of registration and the certificate of insurance of
the vehicle and, where the vehicle is a transport vehicle, also the
certificate of fitness referred to in section 56 and the permit.
Explanation.--For the purposes of this sub-section, "certificate
of insurance" means the certificate issued under sub-section
(3) of section 147.
(4) If the licence referred to in sub-section (2) or the
certificates or permit referred to in sub-section (3), as the case
may be, are not at the time in the possession of the person to whom
demand is made, it shall be a sufficient compliance with this section
if such person produces the licence or certificates or permit within
such period in such manner as the Central Government may prescribe,
to the police officer or authority making the demand: Provided that,
except to such extent and with such modifications as may be
prescribed, the provisions of this sub-section shall not apply to any
person required to produce the certificate of registration or the
certificate of fitness of a transport vehicle.
crossings. 131. Duty of the driver to take certain precautions at
unguarded railway level crossing. Every driver of a motor vehicle at
the approach of any unguarded railway level crossing shall cause the
vehicle to stop and the driver of the vehicle shall cause the
conductor or cleaner or attendant or any other person in the vehicle
to walk up to the level crossing and ensure that no train or trolley
is approaching from either side and then pilot the motor vehicle
across such level crossing, and where no conductor or cleaner or
attendant or any other person is available in the vehicle, the driver
of the vehicle shall get down from the vehicle himself to ensure that
no train or trolley is approaching from either side before the
railway track is crossed. 659
132. Duty of driver to stop in certain cases. (1) The driver of a
motor vehicle shall cause the vehicle to stop and remain stationary
so long as may reasonably be necessary-- (a) when required to do so
by any police officer in uniform, or (b) when required to do so by
any person in charge of an animal if such person apprehends that the
animal is, or being alarmed by the vehicle will become, unmanageable,
or (c) when the vehicle is involved in the occurrence of an accident
to a person, animal or vehicle or of damage to any property, whether
the driving or management of the vehicle was or was not the cause of
the accident or damage, and he shall give his name and address and
the name and address of the owner of the vehicle to any person
affected by any such accident or damage who demands it provided such
person also furnishes his name and address.
(2) The driver of a motor vehicle shall, on demand by a person
giving his own name and address and alleging that the driver has
committed an offence punishable under section 184 give his name and
address to that person.
(3) In this section the expression "animal" means any
horse, cattle, elephant, camel, ass, mule, sheep or goat.
133. Duty of owner of motor vehicle to give information. The owner
of a motor vehicle, the driver or conductor of which is accused of
any offence under this Act shall, on the demand of any police officer
authorised in this behalf by the State Government, give all
information regarding the name and address of, and the licence held
by, the driver or conductor which is in his possession or could by
reasonable diligence be ascertained by him.
134. Duty of driver in case of accident and injury to a person.
When any person is injured or any property of a third party is
damaged, as a result of an accident in which a motor vehicle is
involved, the driver of the vehicle or other person in charge of the
vehicle shall-- (a) unless it is not practicable to do so on account
of mob fury or any other reason beyond his control, take all
reasonable steps to secure medical attention for the injured person,
and, if necessary, convey him to the nearest hospital, unless the
injured person or his guardian, in case he is a minor, desires
otherwise; (b) give on demand by a police officer any information
required by him, or, if no police officer is present, report the
circumstances of the occurrence, including the circumstances, if any,
for not taking reasonable steps to secure medical attention as
required under clause (a), at the nearest police station as soon as
possible, and in any case within twenty-four hours of the occurrence.
amenities, etc. 135. Schemes to be framed for the investigation of
accident cases
and wayside amenities, etc. (1) The State Government may, by
notification in the Official Gazette, make one or more schemes to
provide for-- (a) an in depth study on causes and analysis of motor
vehicle accidents; (b) wayside amenities on highways; (c) traffic aid
posts on highways; and (d) truck parking complexes along highways.
660
(2) Every scheme made under this section by any State Government
shall be laid, as soon as may be after it is made, before the State
Legislature.
136. Inspection of vehicle involved in accident. When any accident
occurs in which a motor vehicle is involved, any person authorised in
this behalf by the State Government may, on production if so required
of his authority, inspect the vehicle and for that purpose may enter
at any reasonable time any premises where the vehicle may be, and may
remove the vehicle for examination: Provided that the place to which
the vehicle is so removed shall be intimated to the owner of the
vehicle and the vehicle shall be returned without unnecessary delay.
137. Power of Central Government to make rules. The Central
Government may make rules to provide for all or any of the following
matters, namely:-- (a) the occasions on which signals shall be made
by drivers of motor vehicles and such signals under section 121; (b)
the manner in which the licences and certificates may be produced to
the police officer under section 130.
138. Power of State Government to make rules. (1) The State
Government may make rules for the purpose of carrying into effect the
provisions of this Chapter other than the matters specified in
section
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-- (a) the removal and the safe custody of
vehicles including their loads which have broken down or which have
been left standing or have been abandoned on roads; (b) the
installation and use of weighing devices; (c) the maintenance and
management of wayside amenities complexes; (d) the exemption from all
or any of the provisions of this Chapter of fire brigade vehicles,
ambulances and other special classes or descriptions of vehicle,
subject to such conditions as may be prescribed; (e) the maintenance
and management of parking places and stands and the fees, if any,
which may be charged for their use; (f) prohibiting the driving
downhill of a motor vehicle with the gear disengaged either generally
or in a specified place; (g) prohibiting the taking hold of or
mounting of a motor vehicle in motion; (h) prohibiting the use of
foot-paths or pavements by motor vehicles; (i) generally, the
prevention of danger, injury or annoyance to the public or any
person, or of danger or injury to property or of abstruction to
traffic; and (j) any other matter which is to be, or may be,
prescribed. 661 CHAP MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING
INDIA CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
139. Power of Central Government to make rules. (1) The Central
Government may, by notification in the Official Gazette, make rules
for all or any of the following purposes, namely:-- (a) the grant and
authentication of travelling passes, certificates or authorisations
to persons temporarily taking motor vehicles out of India to any
place outside India or to persons temporarily proceeding out of India
to any place outside India and desiring to drive a motor vehicle
during their absence from India; (b) prescribing the conditions
subject to which motor vehicles brought temporarily into India from
outside India by persons intending to make a temporary stay in India
may be possessed and used in India; and (c) prescribing the
conditions subject to which persons entering India from any place
outside India for a temporary stay in India may drive motor vehicles
in India.
(2) For the purpose of facilitating and regulating the services of
motor vehicles operating between India and any other country under
any reciprocal arrangement and carrying passengers or goods or both
by road for hire or reward, the Central Government may, by
notification in the Official Gazette, make rules with respect to all
or any of the following matters, namely:-- (a) the conditions subject
to which motor vehicles carrying on such services may be brought into
India from outside India and possessed and used in India; (b) the
conditions subject to which motor vehicles may be taken from any
place in India to any place outside India; (c) the conditions subject
to which persons employed as drivers and conductors of such motor
vehicles may enter or leave India; (d) the grant and authentication
of travelling passes, certificates or authorisations to persons
employed as drivers and conductors of such motor vehicles; (e) the
particulars (other than registration marks) to be exhibited by such
motor vehicles and the manner in which such particulars are to be
exhibited; (f) the use of trailers with such motor vehicles; (g) the
exemption of such motor vehicles and their drivers and conductors
from all or any of the provisions of this Act
[other than those referred to in sub-section (4)] or the rules
made thereunder; (h) the identification of the drivers and
conductors of such motor vehicles; (i) the replacement of the
travelling passes, certificates or authorisations, permits, licences
or any other prescribed documents lost or defaced, on payment of such
fee as may be prescribed; 662 (j) the exemption from the provisions
of such laws as relate to customs, police or health with a view to
facilitate such road transport services; (k) any other matter which
is to be, or may be, prescribed.
(3) No rule made under this section shall operate to confer on any
person any immunity in any State from the payment of any tax levied
in that State on motor vehicles or their users.
(4) Nothing in this Act or in any rule made thereunder by a State
Government relating to:-- (a) the registration and identification of
motor vehicles, or (b) the requirements as to construction,
maintenance and equipment of motor vehicles, or (c) the licensing and
the qualifications of drivers and conductors of motor vehicles, shall
apply-- (i) to any motor vehicle to which or to any driver of a motor
vehicle to whom any rules made under clause (b) or
clause (c) of sub-section (1) or under sub-section (2) apply; or
(ii) to any conductor of a motor vehicle to whom any
rules made under sub-section (2) apply. CHAP LIABILITY WITHOUT
FAULT IN CERTAIN CASES CHAPTER X LIABILITY WITHOUT FAULT IN CERTAIN
CASES
140. Liability to pay compensation in certain cases on the
principle of no fault. (1) Where death or permanent disablement of
any person has resulted from an accident arising out of the use of a
motor vehicle or motor vehicles, the owner of the vehicle shall, or,
as the case may be, the owners of the vehicles shall, jointly and
severally, be liable to pay compensation in respect of such death or
disablement in accordance with the provisions of this section.
(2) The amount of compensation which shall be payable under sub-
section (1) in respect of the death of any person shall be a fixed
sum of twenty-five thousand rupees and the amount of compensation
payable under that sub-section in respect of the permanent
disablement of any person shall be a fixed sum of twelve thousand
rupees.
(3) In any claim for compensation under sub-section (1), the
claimant shall not be required to plead and establish that the death
or permanent disablement in respect of which the claim has been made
was due to any wrongful act, neglect or default of the owner or
owners of the vehicle or vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be
defeated by reason of any wrongful act, neglect or default of the
person in respect of whose death or permanent disablement the claim
has been made nor shall the quantum of compensation recoverable in
respect of such death or permanent disablement be reduced on the
basis of the share of such person in the responsibility for such
death or permanent disablement. 663
disablement. 141. Provisions as to other right to claim
compensation for death
or permanent disablement. (1) The right to claim compensation
under section 140 in respect of death or permanent disablement of any
person shall be in addition to any other right (hereafter in this
section referred to as the right on the principle of fault) to claim
compensation in respect thereof under any other provision of this Act
or of any other law for the time being in force.
(2) A claim for compensation under section 140 in respect of death
or permanent disablement of any person shall be disposed of as
expeditiously as possible and where compensation is claimed in
respect of such death or permanent disablement under section 140 and
also in pursuance of any right on the principle of fault, the claim
for compensation under section 140 shall be disposed of as aforesaid
in the first place.
(3) Notwithstanding anything contained in sub-section (1), where
in respect of the death or permanent disablement of any person, the
person liable to pay compensation under section 140 is also liable to
pay compensation in accordance with the right on the principle of
fault, the person so liable shall pay the first-mentioned
compensation and-- (a) if the amount of the first-mentioned
compensation is less than the amount of the second-mentioned
compensation, he shall be liable to pay (in addition to the
first-mentioned compensation) only so much of the second-mentioned
compensation as is equal to the amount by which it exceeds the
first-mentioned compensation; (b) if the amount of the
first-mentioned compensation is equal to or more than the amount of
the second-mentioned compensation, he shall not be liable to pay the
second-mentioned compensation.
142. Permanent disablement. For the purposes of this Chapter,
permanent disablement of a person shall be deemed to have resulted
from an accident of the nature referred to in sub-section (1) of
section 140 if such person has suffered by reason of the accident,
any injury or injuries involving-- (a) permanent privation of the
sight of either eye or the hearing of either ear, or privation of any
member or joint; or (b) destruction or permanent impairing of the
powers of any member or joint; or (c) permanent disfiguration of the
head or face.
143. Applicability of Chapter to certain claims under Act 8 of
1923. The provisions of this Chapter shall also apply in relation to
any claim for compensation in respect of death or permanent
disablement of any person under the Workmen's Compensation Act, 1923
resulting from an accident of the nature referred to in sub-section
(1) of section 140 and for this purpose, the said provisions
shall, with necessary modifications, be deemed to form part of that
Act.
144. Overriding effect. The provisions of this Chapter shall have
effect notwithstanding anything contained in any other provision of
this Act or of any other law for the time being in force. CHAP
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
145. Definitions. In this Chapter,-- (a) "authorised insurer"
means an insurer for the time being carrying on general insurance
business in India under the General 664 Insurance Business
(Nationalisation) Act, 1972, (57 of 1972.) and any Government
insurance fund authorised to do general insurance business under that
Act; (b) "certificate of insurance" means a certificate
issued by
an authorised insurer in pursuance of sub-section (3) of section
147 and includes a cover note complying with such requirements as may
be prescribed, and where more than one certificate has been issued in
connection with a policy, or where a copy of a certificate has been
issued, all those certificates or that copy, as the case may be; (c)
"liability", wherever used in relation to the death of or
bodily injury to any person, includes liability in respect thereof
under section 140; (d) "policy of insurance" includes
"certificate of insurance"; (e) "property"
includes goods carried in the motor vehicle, roads, bridges,
culverts, causeways, trees, posts and mile- stones; (f)
"reciprocating country" means any such country as may on
the basis of reciprocity be notified by the Central Government in the
Official Gazette to be a reciprocating country for the purposes of
this Chapter; (g) "third party" includes the Government.
146. Necessity for insurance against third party risk. (1) No
person shall use, except as a passenger, or cause or allow any other
person to use, a motor vehicle in a public place, unless there is in
force in relation to the use of the vehicle by that person or that
other person, as the case may be, a policy of insurance complying
with the requirements of this Chapter. Explanation.--A person driving
a motor vehicle merely as a paid employee, while there is in force in
relation to the use of the vehicle no such policy as is required by
this sub-section, shall not be deemed to act in contravention of the
sub-section unless he knows or has reason to believe that there is no
such policy in force.
(2) Sub-section (1) shall not apply to any vehicle owned by the
Central Government or a State Government and used for Government
purposes unconnected with any commercial enterprise.
(3) The appropriate Government may, by order, exempt from the
operation of sub-section (1) any vehicle owned by any of the
following authorities, namely:-- (a) the Central Government or a
State Government, if the vehicle is used for Government purposes
connected with any commercial enterprise; (b) any local authority;
(c) any State transport undertaking: Provided that no such order
shall be made in relation to any such authority unless a fund has
been established and is maintained by that authority in accordance
with the rules made in that behalf under this 665 Act for meeting any
liability arising out of the use of any vehicle of that authority
which that authority or any person in its employment may incur to
third parties. Explanation.--For the purposes of this sub-section,
"appropriate Government" means the Central Government or a
State Government, as the case may be, and-- (i) in relation to any
corporation or company owned by the Central Government or any State
Government, means the Central Government or that State Government;
(ii) in relation to any corporation or company owned by the Central
Government and one or more State Governments, means the Central
Government; (iii) in relation to any other State transport
undertaking or any local authority, means that Government which has
control over that undertaking or authority.
147. Requirements of policies and limits of liability. (1) In
order to comply with the requirements of this Chapter, a policy of
insurance must be a policy which-- (a) is issued by a person who is
an authorised insurer; and (b) insures the person or classes of
persons specified in
the policy to the extent specified in sub-section (2)-- (i)
against any liability which may be incurred by him in respect of the
death of or bodily injury to any person or damage to any property of
a third party caused by or arising out of the use of the vehicle in a
public place; (ii) against the death of or bodily injury to any
passenger of a public service vehicle caused by or arising out of the
use of the vehicle in a public place: Provided that a policy shall
not be required-- (i) to cover liability in respect of the death,
arising out of and in the course of his employment, of the employee
of a person insured by the policy or in respect of bodily injury
sustained by such an employee arising out of and in the course of his
employment other than a liability arising under the Workmen's
Compensation Act, 1923, (8 of 1923.) in respect of the death of, or
bodily injury to, any such employee-- (a) engaged in driving the
vehicle, or (b) if it is a public service vehicle engaged as a
conductor of the vehicle or in examining tickets on the vehicle, or
(c) if it is a goods carriage, being carried in the vehicle, or (ii)
to cover any contractual liability. Explanation.--For the removal of
doubts, it is hereby declared that the death of or bodily injury to
any person or damage to any 666 property of a third party shall be
deemed to have been caused by or to have arisen out of, the use of a
vehicle in a public place notwithstanding that the person who is dead
or injured or the property which is damaged was not in a public place
at the time of the accident, if the act or omission which led to the
accident occurred in a public place.
(2) Subject to the proviso to sub-section (1), a policy of
insurance referred to in sub-section (1), shall cover any
liability incurred in respect of any accident, up to the following
limits, namely:-- (a) save as provided in clause (b), the amount of
liability incurred; (b) in respect of damage to any property of a
third party, a limit of rupees six thousand: Provided that any policy
of insurance issued with any limited liability and in force,
immediately before the commencement of this Act, shall continue to be
effective for a period of four months after such commencement or till
the date of expiry of such policy whichever is earlier.
(3) A policy shall be of no effect for the purposes of this
Chapter unless and until there is issued by the insurer in favour of
the person by whom the policy is effected a certificate of insurance
in the prescribed form and containing the prescribed particulars of
any condition subject to which the policy is issued and of any other
prescribed matters; and different forms, particulars and matters may
be prescribed in different cases.
(4) Where a cover note issued by the insurer under the provisions
of this Chapter or the rules made thereunder is not followed by a
policy of insurance within the prescribed time, the insurer shall,
within seven days of the expiry of the period of the validity of the
cover note, notify the fact to the registering authority in whose
records the vehicle to which the cover note relates has been
registered or to such other authority as the State Government may
prescribe.
(5) Notwithstanding anything contained in any law for the time
being in force, an insurer issuing a policy of insurance under this
section shall be liable to indemnify the person or classes of persons
specified in the policy in respect of any liability which the policy
purports to cover in the case of that person or those classes of
persons.
148. Validity of policies of insurance issued in reciprocating
countries. Where, in pursuance of an arrangement between India and
any reciprocating country, any motor vehicle registered in the
reciprocating country operates on any route or within any area common
to the two countries and there is in force in relation to the use of
the vehicle in the reciprocating country, a policy of insurance
complying with the requirements of the law of insurance in force in
that country, then, notwithstanding anything contained in section 147
but subject to any rules which may be made under section 164, such
policy of insurance shall be effective throughout the route or area
in respect of which, the arrangement has been made, as if the policy
of insurance had complied with the requirements of this Chapter. 667
in respect of third party risks. 149. Duty of insurers to satisfy
judgments and awards against
persons insured in respect of third party risks. (1) If, after a
certificate of insurance has been issued under sub-section (3) of
section 147 in favour of the person by whom a policy has been
effected, judgment or award in respect of any such liability as is
required to be covered by a policy under clause (b) of sub-section
(1) of section 147 (being a liability covered by the terms of the
policy) is obtained against any person insured by the policy, then,
notwithstanding that the insurer may be entitled to avoid or cancel
or may have avoided or cancelled the policy, the insurer shall,
subject to the provisions of this section, pay to the person entitled
to the benefit of the decree any sum not exceeding the sum assured
payable thereunder, as if he were the judgment debtor, in respect of
the liability, together with any amount payable in respect of costs
and any sum payable in respect of interest on that sum by virtue of
any enactment relating to interest on judgments.
(2) No sum shall be payable by an insurer under sub-section (1) in
respect of any judgment or award unless, before the commencement of
the proceedings in which the judgment or award is given the insurer
had notice through the Court or, as the case may be, the Claims
Tribunal of the bringing of the proceedings, or in respect of such
judgment or award so long as execution is stayed thereon pending an
appeal; and an insurer to whom notice of the bringing of any such
proceedings is so given shall be entitled to be made a party thereto
and to defend the action on any of the following grounds, namely:--
(a) that there has been a breach of a specified condition of the
policy, being one of the following conditions, namely:-- (i) a
condition excluding the use of the vehicle-- (a) for hire or reward,
where the vehicle is on the date of the contract of insurance a
vehicle not covered by a permit to ply for hire or reward, or (b) for
organised racing and speed testing, or (c) for a purpose not allowed
by the permit under which the vehicle is used, where the vehicle is a
transport vehicle, or (d) without side-car being attached where the
vehicle is a motor cycle; or (ii) a condition excluding driving by a
named person or persons or by any person who is not duly licensed, or
by any person who has been disqualified for holding or obtaining a
driving licence during the period of disqualification; or (iii) a
condition excluding liability for injury caused or contributed to by
conditions of war, civil war, riot or civil commotion; or (b) that
the policy is void on the ground that it was obtained by the
non-disclosure of a material fact or by a representation of fact
which was false in some material particular.
(3) Where any such judgment as is referred to in sub-section (1)
is obtained from a Court in a reciprocating country and in the case
of 668 a foreign judgment is, by virtue of the provisions of section
13 of the Code of Civil Procedure, 1908 (5 of 1908.) conclusive as to
any matter adjudicated upon by it, the insurer (being an insurer
registered under the Insurance Act, 1938 (4 of 1938.) and whether or
not he is registered under the corresponding law of the reciprocating
country) shall be liable to the person entitled to the benefit of the
decree in the manner and to the extent specified in sub-section
(1), as if the judgment were given by a Court in India: Provided that
no sum shall be payable by the insurer in respect of any such
judgment unless, before the commencement of the proceedings in which
the judgment is given, the insurer had notice through the Court
concerned of the bringing of the proceedings and the insurer to whom
notice is so given is entitled under the corresponding law of the
reciprocating country, to be made a party to the proceedings and to
defend the action on grounds similar to those
specified in sub-section (2).
(4) Where a certificate of insurance has been issued under sub-
section (3) of section 147 to the person by whom a policy has been
effected, so much of the policy as purports to restrict the insurance
of the persons insured thereby by reference to any conditions other
than those in clause (b) of sub-section (2) shall, as respects
such liabilities as are required to be covered by a policy under
clause (b)
of sub-section (1) of section 147, be of no effect: Provided that
any sum paid by the insurer in or towards the discharge of any
liability of any person which is covered by the policy by virtue only
of this sub-section shall be recoverable by the insurer from that
person.
(5) If the amount which an insurer becomes liable under this
section to pay in respect of a liability incurred by a person insured
by a policy exceeds the amount for which the insurer would apart from
the provisions of this section be liable under the policy in respect
of that liability, the insurer shall be entitled to recover the
excess from that person.
(6) In this section the expressions "material fact" and
"material particular" means, respectively a fact or
particular of such a nature as to influence the judgment of a prudent
insurer in determining whether he will take the risk and, if so at
what premium and on what conditions and the expression "liability
covered by the terms of the policy" means a liability which is
covered by the policy or which would be so covered but for the fact
that the insurer is entitled to avoid or cancel or has avoided or
cancelled the policy.
(7) No insurer to whom the notice referred to in sub-section (2)
or sub-section (3) has been given shall be entitled to avoid his
liability to any person entitled to the benefit of any such judgment
or award as is referred to in sub-section (1) or in such judgment
as
is referred to in sub-section (3) otherwise than in the manner
provided for in sub-section (2) or in the corresponding law of the
reciprocating country, as the case may be. 669 Explanation.--For the
purpose of this section, "Claims Tribunal" means a Claims
Tribunal constituted under section 165 and "award" means an
award made by that Tribunal under section 168.
150. Rights of third parties against insurers on insolvency of
the insured. (1) Where under any contract of insurance effected in
accordance with the provisions of this Chapter, a person is insured
against liabilities which he may incur to third parties, then-- (a)
in the event of the person becoming insolvent or making a composition
or arrangement with his creditors, or (b) where the insured person is
a company, in the event of a winding up order being made or a
resolution for a voluntary winding up being passed with respect to
the company or of a receiver or manager of the company's business or
undertaking being duly appointed, or of possession being taken by or
on behalf of the holders of any debentures secured by a floating
charge of any property comprised in or subject to the charge, f,
either before or after that event, any such liability is incurred by
the insured person, his rights against the insurer under the contract
in respect of the liability shall, notwithstanding anything to the
contrary in any provision of law, be transferred to and vest in the
third party to whom the liability was so incurred.
(2) Where an order for the administration of the estate of a
deceased debtor is made according to the law of insolvency, then, if
any debt provable in insolvency is owing by the deceased in respect
of a liability to a third party against which he was insured under a
contract of insurance in accordance with the provisions of this
Chapter, the deceased debtor's rights against the insurer in respect
of that liability shall, notwithstanding anything to the contrary in
any provision of law, be transferred to and vest in the person to
whom the debt is owing.
(3) Any condition in a policy issued for the purposes of this
Chapter purporting either directly or indirectly to avoid the policy
or to alter the rights of the parties thereunder upon the happening
to the insured person of any of the events specified in clause (a) or
clause (b) of sub-section (1) or upon the making of an order for
the administration of the estate of a deceased debtor according to
the law of insolvency shall be of no effect.
(4) Upon a transfer under sub-section (1) or sub-section (2), the
insurer shall be under the same liability to the third party as he
would have been to the insured person, but-- (a) if the liability of
the insurer to the insured person exceeds the liability of the
insured person to the third party, nothing in this Chapter shall
affect the rights of the insured person against the insurer in
respect of the excess, and (b) if the liability of the insurer to the
insured person is less than the liability of the insured person to
the third party, nothing in this Chapter shall affect the rights of
the third party against the insured person in respect of the balance.
670
151. Duty to give information as to insurance. (1) No person
against whom a claim is made in respect of any liability referred to
in clause (b) of sub-section (1) of section 147 shall on demand by
or on behalf of the person making the claim refuse to state whether
or not he was insured in respect of that liability by any policy
issued under the provisions of this Chapter, or would have been so
insured if the insurer had not avoided or cancelled the policy, nor
shall he refuse, if he was or would have been so insured, to give
such particulars with respect to that policy as were specified in the
certificate of insurance issued in respect thereof.
(2) In the event of any person becoming insolvent or making a
composition or arrangement with his creditors or in the event of an
order being made for the administration of the estate of a deceased
person according to the law of insolvency, or in the event of a
winding up order being made or a resolution for a voluntary winding
up being passed with respect to any company or of a receiver or
manager of the company's business or undertaking being duly appointed
or of possession being taken by or on behalf of the holders of any
debentures secured by a floating charge on any property comprised in
or subject to the charge, it shall be the duty of the insolvent
debtor, personal representative of the deceased debtor or company, as
the case may be, or the official assignee or receiver in insolvency,
trustee, liquidator, receiver or manager, or person in possession of
the property to give at the request of any person claiming that the
insolvent debtor, deceased debtor or company is under such liability
to him as is covered by the provisions of this Chapter, such
information as may reasonably be required by him for the purpose of
ascertaining whether any rights have been transferred to and vested
in him by section 150, and for the purpose of enforcing such rights,
if any; and any such contract of insurance as purports whether
directly or indirectly to avoid the contract or to alter the rights
of the parties thereunder upon the giving of such information in the
events aforesaid, or otherwise to prohibit or prevent the giving
thereof in the said events, shall be of no effect.
(3) If, from the information given to any person in pursuance of
sub-section (2) or otherwise, he has reasonable ground for
supporting that there have or may have been transferred to him under
this Chapter rights against any particular insurer, that insurer
shall be subject to the same duty as is imposed by the said
sub-section on the persons therein mentioned.
(4) The duty to give the information imposed by this section shall
include a duty to allow all contracts of insurance, receipts for
premiums, and other relevant documents in the possession or power of
the person on whom the duty is so imposed to be inspected and copies
thereof to be taken.
152. Settlement between insurers and insured persons. (1) No
settlement made by an insurer in respect of any claim which might be
made by a third party in respect of any liability of the nature
referred to in clause (b) of sub-section (1) of section 147 shall
be valid unless such third party is a party to the settlement.
(2) Where a person who is insured under a policy issued for the
purposes of this Chapter has become insolvent, or where, if such
insured person is a company, a winding up order has been made or a
resolution 671 for a voluntary winding up has been passed with
respect to the company, no agreement made between the insurer and the
insured person after the liability has been incurred to a third party
and after the commencement of the insolvency or winding up, as the
case may be, nor any waiver, assignment or other disposition made by
or payment made to the insured person after the commencement
aforesaid shall be effective to defeat the rights transferred to the
third party under this Chapter, but those rights shall be the same as
if no such agreement, waiver, assignment or disposition or payment
has been made.
153. Saving in respect of sections 150, 151 and 152. (1) For the
purposes of sections 150, 151 and 152 a reference to "liabilities
to third parties" in relation to a person insured under any
policy of insurance shall not include a reference to any liability of
that person in the capacity of insurer under some other policy of
insurance.
(2) The provisions of sections 150, 151 and 152 shall not apply
where a company is wound up voluntarily merely for the purposes of
reconstruction or of an amalgamation with another company.
third parties. 154. Insolvency of insured persons not to affect
liability of insured or claims by third parties. Where a certificate
of insurance has been issued to the person by whom a policy has been
effected, the happening in relation to any person insured by the
policy of any such
event as is mentioned in sub-section (1) or sub-section (2) of
section 150 shall, notwithstanding anything contained in this
Chapter, not affect any liability of that person of the nature
referred to in
clause (b) of sub-section (1) of section 147; but nothing in this
section shall affect any rights against the insurer conferred under
the provisions of sections 150, 151 and 152 on the person to whom the
liability was incurred.
155. Effect of death on certain causes of action. Notwithstanding
anything contained in section 306 of the Indian Succession Act, 1925,
(39 of 1925.) the death of a person in whose favour a certificate of
insurance had been issued, if it occurs after the happening of an
event which has given rise to a claim under the provisions of this
Chapter, shall not be a bar to the survival of any cause of action
arising out of the said event against his estate or against the
insurer.
156. Effect of certificate of insurance. When an insurer has
issued a certificate of insurance in respect of a contract of
insurance between the insurer and the insured person, then-- (a) if
and so long as the policy described in the certificate has not been
issued by the insurer to the insured, the insurer shall, as between
himself and any other person except the insured, be deemed to have
issued to the insured to the insured person a policy of insurance
conforming in all respects with the description and particulars
stated in such certificate; and (b) if the insurer has issued to the
insured the policy described in the certificate, but the actual terms
of the policy are less favourable to persons claiming under or by
virtue of the policy against the insurer either directly or through
the insured than the particulars of the policy as stated in the
certificate, the policy shall, as between the insurer and any other
person except the insured, be deemed to be in terms conforming in all
respects with the particulars stated in the said certificate. 672
157. Transfer of certificate of insurance. (1) Where a person in
whose favour the certificate of insurance has been issued in
accordance with the provisions of this Chapter transfers to another
person the ownership of the motor vehicle in respect of which such
insurance was taken together with the policy of insurance relating
thereto, the certificate of insurance and the policy described in the
certificate shall be deemed to have been transferred in favour of the
person to whom the motor vehicle is transferred with effect from the
date of its transfer.
(2) The transferee shall apply within fourteen days from the date
of transfer in the prescribed form to the insurer for making
necessary changes in regard to the fact of transfer in the
certificate of insurance and the policy described in the certificate
in his favour and the insurer shall make the necessary changes in the
certificate and the policy of insurance in regard to the transfer of
insurance.
158. Production of certain certificates, licence and permit in
certain cases. (1) Any person driving a motor vehicle in any
public place shall, on being so required by a police officer in
uniform authorised in this behalf by the State Government, produce--
(a) the certificate of insurance; (b) the certificate of
registration; (c) the driving licence; and (d) in the case of a
transport vehicle, also the certificate of fitness referred to in
section 56 and the permit, relating to the use of the vehicle.
(2) If, where owing to the presence of a motor vehicle in a public
place an accident occurs involving death or bodily injury to another
person, the driver of the vehicle does not at the time produce the
certificates, driving licence and permit referred to in sub-
section (1) to a police officer, he shall produce the said
certificates, licence and permit at the police station at which he
makes the report required by section 134.
(3) No person shall be liable to conviction under sub-section (1)
or sub-section (2) by reason only of the failure to produce the
certificate of insurance if, within seven days from the date on which
its production was required under sub-section (1), or as the case
may be, from the date of occurrence of the accident, he produces the
certificate at such police station as may have been specified by him
to the police officer who required its production or, as the case may
be, to the police officer at the site of the accident or to the
officer in charge of the police station at which he reported the
accident: Provided that except to such extent and with such
modifications as may be prescribed, the provisions of this
sub-section shall not apply to the driver of a transport vehicle.
(4) The owner of a motor vehicle shall give such information as he
may be required by or on behalf of a police officer empowered in this
behalf by the State Government to give for the purpose of determining
whether the vehicle was or was not being driven in contravention of
673 section 146 and on any occasion when the driver was required
under this section to produce his certificate of insurance.
(5) In this section, the expression "produce his certificate
of insurance" means produce for examination the relevant
certificate of insurance or such other evidence as may be prescribed
that the vehicle was not being driven in contravention of section
146.
(6) As soon as any information regarding any accident involving
death or bodily injury to any person is recorded or a report under
this section is completed by a police officer, the officer in charge
of the police station shall forward a copy of the same also to the
Claims Tribunal having jurisdiction and a copy thereof to the
concerned insurer.
vehicle. 159. Production of certificate of Insurance on
application for authority to use vehicle. A State Government may make
rules requiring the owner of any motor vehicle when applying whether
by payment of a tax or otherwise for authority to use the vehicle in
a public place to produce such evidence as may be prescribed by those
rules to the effect that either-- (a) on the date when the authority
to use the vehicle comes into operation there will be in force the
necessary policy of insurance in relation to the use of the vehicle
by the applicant or by other persons on his order or with his
permission, or (b) the vehicle is a vehicle to which section 146 does
not apply.
160. Duty to furnish particulars of vehicle involved in accident.
A registering authority or the officer in charge of a police station
shall, if so required by a person who alleges that he is entitled to
claim compensation in respect of an accident arising out of the use
of a motor vehicle, or if so required by an insurer against whom a
claim has been made in respect of any motor vehicle, furnish to that
person or to that insurer, as the case may be, on payment of the
prescribed fee any information at the disposal of the said authority
or the said authority or the said police officer relating to the
identification marks and other particulars of the vehicle and the
name and address of the person who was using the vehicle at the time
of the accident or was injured by it and the property, if any damaged
in such form and within such time as the Central Government may
prescribe.
161. Special provisions as to compensation in case of hit and run
motor accident. (1) For the purposes of this section, section 162
and section 163-- (a) "grievous hurt" shall have the same
meaning as in the Indian Penal Code; (45 of 1860.) (b) "hit and
run motor accident" means an accident arising out of the use of
a motor vehicle or motor vehicles the identity whereof cannot be
ascertained in spite of reasonable efforts for the purpose; (c)
"scheme" means the scheme framed under section 163.
(2) Notwithstanding anything contained in the General Insurance
Business (Nationalisation) Act, 1972 (57 of 1972.) or any other law
for the time being in force or any instrument having the force of
law, the General Insurance Corporation of India formed under section
9 of the said Act and the insurance companies for the time being
carrying on general insurance business in India shall provide for
paying in accordance with 674 the provisions of this Act and the
scheme, compensation in respect of the death of, or grievous hurt to,
persons resulting from hit and run motor accidents.
(3) Subject to the provisions of this Act and the scheme, there
shall be paid as compensation-- (a) in respect of the death of any
person resulting from a hit and run motor accident, a fixed sum of
eight thousand and five hundred rupees; (b) in respect of grievous
hurt to any person resulting from a hit and run motor accident, a
fixed sum of two thousand rupees.
(4) The provisions of sub-section (1) of section 166 shall apply
for the purpose of making applications for compensation under this
section as they apply for the purpose of making applications for
compensation referred to in that sub-section.
162. Refund in certain cases of compensation paid under section
161. (1) The payment of compensation in respect of the death of,
or grievous hurt to, any person under section 161 shall be subject to
the condition that if any compensation (hereafter in this sub-section
referred to as the other compensation) or other amount in lieu of or
by way of satisfaction of a claim for compensation is awarded or paid
in respect of such death or grievous hurt under any other provision
of this Act or any other law or otherwise so much of the other
compensation or other amount aforesaid as is equal to the
compensation paid under section 161 shall be refunded to the insurer.
(2) Before awarding compensation in respect of an accident
involving the death of, or bodily injury to, any person arising out
of the use of a motor vehicle or motor vehicles under any provision
of this Act (other than section 161) or any other law, the tribunal,
court or other authority awarding such compensation shall verify as
to whether in respect of such death or bodily injury compensation has
already been paid under section 161 or an application for payment of
compensation is pending under that section, and such tribunal, court
or other authority shall,-- (a) if compensation has already been paid
under section 161, direct the person liable to pay the compensation
awarded by it to refund to the insurer, so much thereof as is
required to be
refunded in accordance with the provisions of sub-section (1); (b)
if an application for payment of compensation is pending under
section 161 forward the particulars as to the compensation awarded by
it to the insurer. Explanation.--For the purposes of this
sub-section, an application for compensation under section 161 shall
be deemed to be pending-- (i) if such application has been rejected,
till the date of the rejection of the application, and (ii) in any
other case, till the date of payment of compensation in pursuance of
the application. 675
163. Scheme for payment of compensation in case of hit and run
motor accidents. (1) The Central Government may, by notification
in the Official Gazette, make a scheme specifying, the manner in
which the scheme shall be administered by the General Insurance
Corporation, the form, manner and the time within which applications
for compensation may be made, the officers or authorities to whom
such applications may be made, the procedure to be followed by such
officers or authorities for considering and passing orders on such
applications, and all other matters connected with, or incidental to,
the administration of the scheme and the payment of compensation.
(2) A scheme made under sub-section (1) may provide that-- (a) a
contravention of any provision thereof shall be punishable with
imprisonment for such term as may be specified but in no case
exceeding three months, or with fine which may extend to such amount
as may be specified but in no case exceeding five hundred rupees or
with both; (b) the powers, functions or duties conferred or imposed
on any officer or authority by such scheme may be delegated with the
prior approval in writing of the Central Government, by such officer
or authority to any other officer or authority; (c) any provision of
such scheme may operate with retrospective effect from a date not
earlier than the date of establishment of the Solatium Fund under the
Motor Vehicles Act, 1939, (4 of 1939.) as it stood immediately before
the commencement of this Act: Provided that no such retrospective
effect shall be given so as to prejudicially affect the interests of
any person who may be governed by such provision.
164. Power of Central Government to make rules. (1) The Central
Government may make rules for the purpose of carrying into effect the
provisions of this Chapter, other than the matters specified in
section 159.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-- (a) the forms to be used for the
purposes of this Chapter; (b) the making of applications for and the
issue of certificates of insurance; (c) the issue of duplicates to
replace certificates of insurance lost, destroyed or mutilated; (d)
the custody, production, cancellation and surrender of certificates
of insurance; (e) the records to be maintained by insurers of
policies of insurance issued under this Chapter; (f) the
identification by certificates or otherwise of persons or vehicles
exempted from the provisions of this Chapter; (g) the furnishing of
information respecting policies of insurance by insurers; 676 (h)
adopting the provisions of this Chapter to vehicles brought into
India by persons making only a temporary stay therein or to vehicles
registered in a reciprocating country and operating on any route or
within any area in India by applying those provisions with prescribed
modifications; (i) the form in which and the time limit within which
the particulars referred to in section 160 may be furnished; and (j)
any other matter which is to be, or may be, prescribed. CHAP CLAIMS
TRIBUNALS CHAPTER XII CLAIMS TRIBUNALS
165. Claims Tribunals. (1) A State Government may, by notification
in the Official Gazette, constitute one or more Motor Accidents
Claims Tribunals (hereafter in this Chapter referred to as Claims
Tribunal) for such area as may be specified in the notification for
the purpose of adjudicating upon claims for compensation in respect
of accidents involving the death of, or bodily injury to, persons
arising out of the use of motor vehicles, or damages to any property
of a third party so arising, or both. Explanation.--For the removal
of doubts, it is hereby declared that the expression "claims for
compensation in respect of accidents involving the death of or bodily
injury to persons arising out of the use of motor vehicles"
includes claims for compensation under section
(2) A Claims Tribunal shall consist of such number of members as
the State Government may think fit to appoint and where it consists
of two or more members, one of them shall be appointed as the
Chairman thereof.
(3) A person shall not be qualified for appointment as a member of
a Claims Tribunal unless he-- (a) is, or has been, a Judge of a High
Court, or (b) is, or has been, a District Judge, or (c) is qualified
for appointment as a Judge of a High Court.
(4) Where two or more Claims Tribunals are constituted for any
area, the State Government, may by general or special order, regulate
the distribution of business among them.
166. Application for compensation. (1) An application for
compensation arising out of an accident of the nature specified in
sub-section (1) of section 165 may be made-- (a) by the person who
has sustained the injury; or (b) by the owner of the property; or (c)
where death has resulted from the accident, by all or any of the
legal representatives of the deceased; or (d) by any agent duly
authorised by the person injured or all or any of the legal
representatives of the deceased, as the case may be: 677 Provided
that where all the legal representatives of the deceased have not
joined in any such application for compensation, the application
shall be made on behalf of or for the benefit of all the legal
representatives of the deceased and the legal representatives who
have not so joined, shall be impleaded as respondents to the
application.
(2) Every application under sub-section (1) shall be made to the
Claims Tribunal having jurisdiction over the area in which the
accident occurred, and shall be in such form and shall contain such
particulars as may be prescribed: Provided that where any claim for
compensation under section 140 is made in such application, the
application shall contain a separate statement to that effect
immediately before the signature of the applicant.
(3) No application for such compensation shall be entertained
unless it is made within six months of the occurrence of the
accident: Provided that the Claims Tribunal may entertain the
application after the expiry of the said period of six months but not
later than twelve months, if it is satisfied that the applicant was
prevented by sufficient cause from making the application in time.
(4) Where a police officer has filed a copy of the report
regarding an accident to a Claims Tribunal under this Act, the Claims
Tribunal may, if it thinks necessary so to do, treat the report as if
it were an application for compensation under this Act.
167. Option regarding claims for compensation in certain cases.
Notwithstanding anything contained in the Workmen's Compensation Act,
1923, (8 of 1923.) where the death of, or bodily injury to, any
person gives rise to a claim for compensation under this Act and also
under the Workmen's Compensation Act, 1923, the person entitled to
compensation may without prejudice to the provisions of Chapter X
claim such compensation under either of those Acts but not under
both.
168. Award of the Claims Tribunal. (1) On receipt of an
application for compensation made under section 166, the Claims
Tribunal shall, after giving notice of the application to the insurer
and after giving the parties (including the insurer) an opportunity
of being heard, hold an inquiry into the claim or, as the case may
be, each of the claims and, subject to the provisions of section 162
may make an award determining the amount of compensation which
appears to it to be just and specifying the person or persons to whom
compensation shall be paid and in making the award the Claims
Tribunal shall specify the amount which shall be paid by the insurer
or owner or driver of the vehicle involved in the accident or by all
or any of them, as the case may be: Provided that where such
application makes a claim for compensation under section 140 in
respect of the death or permanent disablement of any person, such
claim and any other claim (whether made in such application or
otherwise) for compensatin in respect of such death or permanent
disablement shall be disposed of in accordance with the provisions of
Chapter X.
(2) The Claims Tribunal shall arrange to deliver copies of the
award to the parties concerned expeditiously and in any case within a
period of fifteen days from the date of the award. 678
(3) When an award is made under this section, the person who is
required to pay any amount in terms of such award shall, within
thirty days of the date of announcing the award by the Claims
Tribunal, deposit the entire amount awarded in such manner as the
Claims Tribunal may direct.
169. Procedure and powers of Claims Tribunals. (1) In holding any
inquiry under section 168, the Claims Tribunal may, subject to any
rules that may be made in this behalf, follow such summary procedure
as it thinks fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court
for the purpose of taking evidence on oath and of enforcing the
attendance of witnesses and of compelling the discovery and
production of documents and material objects and for such other
purposes as may be prescribed; and the Claims Tribunal shall be
deemed to be a Civil Court for all the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974.)
(3) Subject to any rules that may be made in this behalf, the
Claims Tribunal may, for the purpose of adjudicating upon any claim
for compensation, choose one or more persons possessing special
knowledge of any matter relevant to the inquiry to assist it in
holding the inquiry.
170. Impleading insurer in certain cases. Where in the course of
any inquiry, the Claims Tribunal is satisfied that-- (a) there is
collusion between the person making the claim and the person against
whom the claim is made, or (b) the person against whom the claim is
made has failed to contest the claim, it may, for reasons to be
recorded in writing, direct that the insurer who may be liable in
respect of such claim, shall be impleaded as a party to the
proceeding and the insurer so impleaded shall thereupon have, without
prejudice to
the provisions contained in sub-section (2) of section 149, the
right to contest the claim on all or any of the grounds that are
available to the person against whom the claim has been made.
171. Award of interest where any claim is allowed. Where any
Claims Tribunal allows a claim for compensation made under this Act,
such Tribunal may direct that in addition to the amount of
compensation simple interest shall also be paid at such rate and from
such date not earlier than the date of making the claim as it may
specify in this behalf.
172. Award of compensatory costs in certain cases. (1) Any Claims
Tribunal adjudicating upon any claim for compensation under this Act,
may in any case where it is satisfied for reasons to be recorded by
it in writing that-- (a) the policy of insurance is void on the
ground that it was obtained by representation of fact which was false
in any material particular, or (b) any party or insurer has put
forward a false or vexatious claim or defence, 679 such Tribunal may
make an order for the payment, by the party who is guilty of
mis-representation or by whom such claim or defence has been put
forward of special costs by way of compensation to the insurer or, as
the case may be, to the party against whom such claim or defence has
been put forward.
(2) No Claims Tribunal shall pass an order for special costs
under sub-section (1) for any amount exceeding one thousand
rupees.
(3) No person or insurer against whom an order has been made under
this section shall, by reason thereof be exempted from any criminal
liability in respect of such mis-representation, claim or
defence as is referred to in sub-section (1).
(4) Any amount awarded by way of compensation under this section
in respect of any mis-representation, claim or defence, shall be
taken into account in any subsequent suit for damages for
compensation in respect of such mis-representation, claim or defence.
173. Appeals. (1) Subject to the provisions of sub-section (2),
any person aggrieved by an award of a Claims Tribunal may, within
ninety days from the date of the award, prefer an appeal to the High
Court: Provided that no appeal by the person who is required to pay
any amount in terms of such award shall be entertained by the High
Court unless he has deposited with it twenty-five thousand rupees or
fifty per cent. of the amount so awarded, whichever is less, in the
manner directed by the High Court: Provided further that the High
Court may entertain the appeal after the expiry of the said period of
ninety days, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claims Tribunal if
the amount in dispute in the appeal is less than ten thousand rupees.
174. Recovery of money from insurer as arrear of land revenue.
Where any amount is due from any person under an award, the Claims
Tribunal may, on an application made to it by the person entitled to
the amount, issue a certificate for the amount to the Collector and
the Collector shall proceed to recover the same in the same manner as
an arrear of land revenue.
175. Bar on jurisdiction of Civil Courts. Where any Claims
Tribunal has been constituted for any area, no Civil Court shall have
jurisdiction to entertain any question relating to any claim for
compensation which may be adjudicated upon by the Claims Tribunal for
that area, and no injunction in respect of any action taken or to be
taken by or before the Claims Tribunal in respect of the claim for
compensation shall be granted by the Civil Court.
176. Power of State Government to make rules. A State Government
may make rules for the purpose of carrying into effect the provisions
of sections 165 to 174, and in particular, such rules may provide for
all or any of the following matters, namely:-- (a) the form of
application for claims for compensation and the particulars it may
contain, and the fees, if any, to be paid in respect of such
applications; 680 (b) the procedure to be followed by a Claims
Tribunal in holding an inquiry under this Chapter; (c) the powers
vested in a Civil Court which may be exercised by a Claims Tribunal;
(d) the form and the manner in which and the fees (if any) on payment
of which an appeal may be preferred against an award of a Claims
Tribunal; and (e) any other matter which is to be, or may be,
prescribed. CHAP OFFENCES, PENALTIES AND PROCEDURE CHAPTER XIII
OFFENCES, PENALTIES AND PROCEDURE
177. General provision for punishment of offences. Whoever
contravenes any provision of this Act or of any rule, regulation or
notification made thereunder shall, if no penalty is provided for the
offence be punishable for the first offence with fine which may
extend to one hundred rupees, and for any second or subsequent
offence with fine which may extend to three hundred rupees.
the part of conductor and refusal to ply contract carriage,etc.
178. Penalty for travelling without pass or ticket and for
dereliction of duty on the part of conductor and refusal to ply
contract carriage, etc. (1) Whoever travels in a stage carriage
without having a proper pass or ticket with him or being in or having
alighted from a stage carriage fails or refuses to present for
examination or to deliver up his pass or ticket immediately on a
requisition being made therefor, shall be punishable with fine which
may extend to five hundred rupees. Explanation.--In this section,
"pass" and "ticket" have the meanings
respectively assigned to them in section 124.
(2) If the conductor of a stage carriage, or the driver of a stage
carriage performing the functions of a conductor in such stage
carriage, whose duty is-- (a) to supply a ticket to a person
travelling in a stage carriage on payment of fare by such person,
either wilfully or negligently,-- (i) fails or refuses to accept the
fare when tendered, or (ii) fails or refuses to supply a ticket, or
(iii) supplies an invalid ticket, or (iv) supplies a ticket of a
lesser value, or (b) to check any pass or ticket, either wilfully or
negligently fails or refuses to do so, he shall be punishable with
fine which may extend to five hundred rupees.
(3) If the holder of a permit or the driver of a contract carriage
refuses, in contravention of the provisions of this Act or rules made
thereunder, to ply the contract carriage or to carry the passengers,
he shall,-- (a) in the case of two-wheeled or three-wheeled motor
vehicles, be punishable with fine which may extend to fifty rupees;
and 681 (b) in any other case, be punishable with fine which may
extend to two hundred rupees.
179. Disobedience of orders, obstruction and refusal of
information. (1) Whoever wilfully disobeys any direction lawfully
given by any person or authority empowered under this Act to give
such direction, or obstructs any person or authority in the discharge
of any functions which such person or authority is required or
empowered under this Act to discharge, shall, if no other penalty is
provided for the offence be punishable with fine which may extend to
five hundred rupees.
(2) Whoever, being required by or under this Act to supply any
information, wilfully withholds such information or gives information
which he knows to be false or which he does not believe to be true,
shall, if no other penalty is provided for the offence, be punishable
with imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both.
180. Allowing unauthorised persons to drive vehicles. Whenever,
being the owner or person in charge of a motor vehicle, causes, or
permits, any other person who does not satisfy the provisions of
section 3 or section 4 to drive the vehicle shall be punishable with
imprisonment for a term which may extend to three months, or with
fine which may extend to one thousand rupees, or with both.
181. Driving vehicles in contravention of section 3 or section 4.
Whoever, drives a motor vehicle in contravention of section 3 or
section 4 shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred
rupees, or with both.
182. Offences relating to licences. (1) Whoever, being
disqualified under this Act for holding or obtaining a driving
licence drives a motor vehicle in a public place or in any other
place, or applies for or obtains a driving licence or, not being
entitled to have a driving licence issued to him free of endorsement,
applies for or obtains a driving licence without disclosing the
endorsement made on a driving licence previously held by him shall be
punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees or with
both, and any driving incence so obtained by him shall be of no
effect.
(2) Whoever, being disqualified under this Act for holding or
obtaining a conductor's licence, acts as a conductor of a stage
carriage in a public place or applies for or obtains a conductor's
licence or, not being entitled to have a conductor's licence issued
to him free of endorsement, applies for or obtains a conductor's
licence without disclosing the endorsements made on a conductor's
licence previously held by him, shall be punishable with improsonment
for a term which may extend to one month, or with fine which may
extend to one hundred rupees, or with both, and any conductor's
licence so obtained by him shall be of no effect. 682
183. Driving at excessive speed, etc. (1) Whoever, drives a motor
vehicle in contravention of the speed limits referred to in section
112 shall be punishable with fine which may extend to four hundred
rupees, or, if having been previously convicted of an offence under
this sub-section is again convicted of an offence under this sub-
section, with fine which may extend to one thousand rupees.
(2) Whoever, causes any person who is employed by him or is
subject to his control in driving to drive a motor vehicle in
contravention of the speed limits referred to in section 112 shall be
punishable with fine which may extend to three hundred rupees, or, if
having been previously convicted of an offence under this
sub-section, is again convicted of an offence under this sub-section,
with fine which may extend to five hundred rupees.
(3) No person shall be convicted of an offence punishable under
sub-section (1) solely on the evidence of one witness to the
effect that in the opinion of the witness such person was driving at
a speed which was unlawful, unless that opinion is shown to be based
on an estimate obtained by the use of some mechanical device.
(4) The publication of a time table under which, or the giving of
any direction that, any journey or part of a journey is to be
completed within a specified time shall, if in the opinion of the
Court it is not practicable in the circumstances of the case for that
journey or part of a journey to be completed in the specified time
without contravening the speed limits referred to in section 112 be
prima facie evidence that the person who published the time table or
gave the direction has committed an offence punishable under sub-
section (2)
184. Driving dangerously. Whoever, drives a motor vehicle at a
speed or in a manner which is dangerous to the public, having regard
to all the circumstances of case including the nature, condition and
use of the place where the vehicle is driven and the amount of
traffic which actually is at the time or which might reasonably be
expected to be in the place, shall be punishable for the first
offence with imprisonment for a term which may extend to sic months,
or with fine which may extend to one thousand rupees, and for any
second or subsequent offence if committed within three years of the
commission of a previous similar offence with imprisonment for a term
which may extend to two years, or with fine which may extend to two
thousand rupees, or with both.
185. Driving by a drunken person or by a person under the
influence of drugs. Whoever, while driving, or attempting to drive, a
motor vehicle,-- (a) has, in his blood, alcohol in any quantity,
howsoever small the quantity may be, or (b) is under the influence of
a drug to such an extent as to be incapable of exercising proper
control over the vehicle. shall be punishable for the first offence
with imprisonment for a term which may extend to six months, or with
fine which may extend to two thousand rupees, or with both; and for a
second or subsequent offence, if committed within three years of the
commission of the previous similar offence, with imprisonment for
term which may 683 extend to two years, or with fine which may extend
to three thousand rupees, or with both. Explanation.--For the
purposes of this section, the drug or drugs specified by the Central
Government in this behalf, by notification in the Official Gazette,
shall be deemed to render a person incapable of exercising proper
control over a motor vehicle.
186. Driving when mentally or phycically unfit to drive. Whoever
drives a motor vehicle in any public place when he is to his
knowledge suffering from any disease or disability calculated to
cause his driving of the vehicle to be a source of danger to the
public, shall be punishable for the first offence with fine which may
extend to two hundred rupees and for a second or subsequent offence
with fine which may extend to five hundred rupees.
187. Punishment for offences relating to accident. Whoever fails
to comply with the provisions of clause (c) of sub-section (1) of
section 132 or of section 133 or section 134 shall be punishable with
imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both or, if
having been previously convicted of an offence under this section, he
is again convicted of an offence under this section, with
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
188. Punishment for abetment of certain offences. Whoever abets
the commission of an offence under section 184, section 185 or
section 186 shall be punishable with the punishment provided for the
offence.
189. Racing and trails of speed. Whoever without the written
consent of the State Government permits or takes part in a race or
trial of speed of any kind between motor vehicles in any public place
shall be punishable with imprisonment for a term which may extend to
six months, or with fine which may extend to five hundred rupees, or
with both.
190. Using vehicle in unsafe condition. (1) Any person who drives
or causes or allows to be driven in any public place a motor vehicle
or trailer while the vehicle or trailer has any defect, which such
person knows of or could have discovered by the exercise of ordinary
care and which is calculated to render the driving of the vehicle a
source of danger to persons and vehicles using such place, shall be
punishable with fine which may extend to two hundred and fifty rupees
or, if as a result of such defect an accident is caused causing
bodily injury or damage to property, with imprisonment for a term
which may extend to three months or with fine which may extend to one
thousand rupees, or with both.
(2) Any person who drives or causes or allows to be driven, in any
public place a motor vehicle, which violates the standards prescribed
in relation to road safety, control of noise and air- pollution,
shall be punishable for the first offence with a fine of one thousand
rupees and for any second or subsequent offence with a fine of two
thousand rupees.
(3) Any person who drives or causes or allows to be driven, in any
public place a motor vehicle which violates the provisions of this
Act or the rules made thereunder relating to the carriage of goods
which are of dangerous or hazardous nature to human life, shall be
punishable for the first offence which may extend to three thousand
rupees, or with 684 imprisonment for a term which may extend to one
year, or with both, and for any second or subsequent offence with
fine which may extend to five thousand rupees, or with imprisonment
for a term which may extend to three years, or with both.
191. Sale of vehicle in or alteration of vehicle to condition
contravening this Act. Whoever being an importer of or dealer in
motor vehicles, sells or delivers or offers to sell or deliver a
motor vehicle or traller in such condition that the use thereof in a
public place would be in contravention of Chapter VII or any rule
made thereunder or alters the motor vehicle or trailer so as to
render its condition such that its use in a public place would be in
contravention of Chapter VII or any rule made thereunder shall be
punishable with fine which may extend to five hundred rupees:
Provided that no person shall be convicted under this section if he
proves that he had reasonable cause to believe that the vehicle would
not be used in a public place until it had been put into a condition
in which it might lawfully be so used.
192. Using vehicle without registration or permit. (1) Whoever
drives a motor vehicle or causes or allows a motor vehicle to be used
in contravention of the provisions of section 39 or without the
permit
required by sub-section (1) of section 66 or in contravention of
any condition of such permit relating to the route on which or the
area in which or the purpose for which the vehicle may be used or to
the maximum number of passengers and maximum weight of luggage that
may be carried on the vehicle, shall be punishable for the first
offence with fine which may extend to two thousand rupees and for any
second or subsequent offence with imprisonment which may extend to
six months or with fine which may extend to three thousand rupees, or
with both.
(2) Nothing in this section shall apply to the use of a motor
vehicle in an emergency for the conveyance of persons suffering from
sickness or injury or for the transport of materials for repair or
for the transport of food or materials to relieve distress or of
medical supplies for a like purpose: Provided that the person using
the vehicle reports such use to the Regional Transport Authority
within seven days from such use.
(3) Where a person is convicted of an offence under this section
the Court by which such person is convicted may, in addition to any
sentence which may be passed under sub-section (1) by order:-- (a)
if the vehicle used in the commission of the offence is a motor car,
suspend its certificate of registration for a period not exceeding
four months; (b) if the vehicle used in the commission of the offence
is a transport vehicle, suspend its permit for a period not exceeding
six months or cancel it.
(4) The Court to which an appeal lies from any conviction in
respect of an offence of the nature specified in sub-section (1)
may set aside or vary any order of suspension or cancellation made
under
sub-section (3) by the Court below and the Court, to which appeals
ordinarily lie from the Court below, may set aside or vary any such
order of 685 suspension or cancelation made by the Court below,
notwithstanding that no appeal lies against the conviction in
connection with which such order was made.
193. Punishment of agents and canvassers without proper authority.
Whoever engages himself as an agent or canvasser in contravention of
the provisions of section 93 or of any rules made thereunder shall be
punishable for the first offence with fine which may extend to one
thousand rupees and for any second or subsequent offence with
imprisonment which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.
194. Driving vehicle exceeding permissible weight. (1) Whoever
drives a motor vehicle or causes or allows a motor vehicle to be
driven in contravention of the provisions of section 113 or of the
conditions prescribed under that section or in contravention of any
prohibition or restriction imposed under section 113 or section 115
shall be punishable for the first offence with fine which may extend
to two thousand rupees, and for any second or subsesquent offence
with fine which may extend to five thousand rupees.
(2) Any driver of a vehicle who refuses to stop and submit his
vehicle to weighing after being directed to do so by an officer
authorised in this behalf under section 114 or removes or causes the
removal of the load or part of it prior to weighing shall be
punishable with fine which may extend to three thousand rupees.
195. Imposition of minimum fine under certain circumstances. (1)
Whoever having been convicted of an offence under this Act or the
rules made thereunder commits a similar offence on a second or
subsequent occasion within three years of the commission of the
previous offence, no court shall, except for reasons to be recorded
by it in writing, impose on him a fine of less than one-fourth of the
maximum amount of the fine impossible for such offence.
(2) Nothing in sub-section (1) shall be construed as restricting
the power of the court from awarding such imprisonment as it
considers necessary in the circumstances of the case not exceeding
the maximum specified in this Act in respect of that offence.
196. Driving uninsured vehicle. Whoever drives a motor vehicle or
causes or allows a motor vehicle to be driven in contravention of the
provisions of section 146 shall be punishable with imprisonment which
may extend to three months, or with fine which may extend to one
thousand rupees, or with both.
197. Taking vehicle without authority. (1) Whoever takes and
drives away any motor vehicle without having either the consent of
the owner thereof or other lawful authority shall be punishable with
imprisonment which may extend to three months or with fine which may
extend to five hundred rupees, or with both. Provided that no person
shall be convicted under this section if the Court is satisfied that
such person acted in the reasonable belief that he had lawful
authority or in the reasonable belief that the owner would in the
circumstances of the case have given his consent if he had been asked
therefor. 686
(2) Whoever, unlawfully by force or threat of force or by any
other form of intimidation, seizes or exercises control of a motor
vehicle, shall be punishable with imprisonment which may extend to
three months, or with fine which may extend to five hundred rupees,
or with both.
(3) Whoever attempts to commit any of the acts referred to in
sub-section (1) or sub-section (2) in relation to any motor
vehicle, or abets the commission of any such act, shall also be
deemed to have
committed an offence under sub-section (1) or, as the case may be,
sub-section (2).
198. Unauthorised interference with vehicle. Whoever otherwise
than with lawful authority or reasonable execuse enters or mounts any
stationary motor vehicle or tampers with the brake or any part of the
mechanism of a motor vehicle shall be punishable with fine which may
extend to one hundred rupees.
199. Offences by companies. (1) Where an offence under this Act
has been committed by a company, every person who at the time the
offence was committed, was in charge of, and was responsible to, the
company, for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the contravention and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves
that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed by a company, and it is
proved that the offence was committed with the consent or connivance
of, or is attributable to any neglect on the part of any director,
manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and
punished accordingly. Explanation--For the purposes of this section--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and (b) "director", in
relation to a firm, means a partner in the firm.
200. Composition of certain offences. (1) Any offence whether
committed before or after the commencement of this Act punishable
under section 177, section 178, section 179, section 180, section
181,
section 182, sub-section (1) or sub-section (2) of section 183,
section 184, section 186, section 189, section 191, section 192,
section 194, section 196 or section 198 may either before or after
the institution of the prosecution, be compounded by such officers or
authorities and for such amount as the State Government may, by
notification in the Official Gazette, specify in this behalf.
(2) Where an offence has been compounded under sub-section (1),
the offender, if in custody, shall be discharged and no further
proceedings shall be taken against him in respect of such offence.
687
201. Penalty for causing obstruction to free flow of traffic. (1)
Whoever keeps a disabled vehicle on any public place, in such a
manner, so as to cause impediment to the free flow of traffic, shall
be liable for penalty up to fifty rupees per hour, so long as it
remains in that position: Provided that the vehicle involved in
accidents shall be liable for penalty only from the time of
completion of inspection formalities under the law.
(2) The penalties under this section shall be recoverable by the
prescribed officers or authorities.
202. Power to arrest without warrant. (1) A police officer in
uniform may arrest without warrant any person who in his presence
commits an offence punishable under section 184 or section 185 or
section 197: Provided that any person so arrested in connection with
an offence punishable under section 185 shall, within two hours of
his arrest, be subjected to a medical examination referred to in
sections 203 and 204 by a registered medical practitioner failing
which he shall be released from custody.
(2) A police officer in uniform may arrest without warrant:-- (a)
any person who being required under the provisions of this Act to
give his name and address refuses to do so, or gives a name or
address which the police officer has reason to believe to be false,
or (b) any person concerned in an offence under this Act or
reasonably suspected in have been so concerned if the police officer
has reason to believe that he will abscond or otherwise avoid the
service of a summons.
(3) A police officer arresting without warrant the driver of a
motor vehicle shall if the circumstances so require take or cause to
be taken any steps he may consider proper for the temporary disposal
of the vehicle.
203. Breath tests. (1) A police officer in uniform may require any
person driving or attempting to drive a motor vehicle in a public
place to provide one or more specimens of breath for breath test
there or nearby, if the police officer has any reasonable cause to
suspect him of having committed an offence punishable under section
185: Provided that no requirement for breath test shall be made
unless it is made as soon as reasonably practicable after the
commission of such offence.
(2) If a motor vehicle is involved in an accident in a public
place and a police officer in uniform has any reasonable cause to
suspect that the person who was driving the motor vehicle at the time
of the accident, had alcohol in his blood or that he was driving
under the influence of a 688 drug referred to in section 185 he may
require the person so driving the motor vehicle, to provide a
specimen of his breath for a breath test:-- (a) in the case of a
person who is at a hopsital as an indoor patient, at the hospital,
(b) in the case of any other person, either at or near the place
where the requirement is made, or, if the police officer thinks fit,
at a police station specified by the police officer: Provided that a
person shall not be required to provide such a specimen while at a
hospital as an indoor patient if the registered medical practitioner
in immediate charge of his case is not first notified of the proposal
to make the requirement or objects to the provision of a specimen on
the ground that its provision or the requirement to provide it would
be prejudicial to the proper care or treatment of the patient.
(3) If it appears to a police officer in uniform, in consequence
of a breath test carried out by him on any person under sub-section
(1) or sub-section (2), that the device by means of which the test
has been carried out indicates the presence of alcohol in the
person's blood, the police officer may arrest that person without
warrant except while that person is at a hospital as an indoor
patient.
(4) If a person, required by a police officer under sub-section
(1) or sub-section (2) to provide a specimen of breath for a
breath test, refuses or fails to do so and the police officer has
reasonable cause to suspect him of having alcohol in his blood, the
police officer may arrest him without warrant except while he is at a
hospital as an indoor patient.
(5) A person arrested under this section shall while at a police
station, be given an apportunity to provide a specimen of breath for
a breath test there.
(6) The results of a breath test made in pursuance of the
provisions of this section shall be admissible in evidence.
Explanation.--For the purposes of this section, "breath test",
means a test for the purpose of obtaining an indication of the
presence of alcohol in a person's blood carried out, on one or more
specimens of breath provided by that person, by means of a device of
a type approved by the Central Government, by notification in the
Official Gazette, for the purpose of such a test.
204. Laboratory test. (1) A person, who has been arrested under
section 203 may, while at a police station, be required by a police
officer to provide to such registered medical practitioner as may be
produced by such police officer, a specimen of his blood for a
Laboratory test,-- (a) it appears to the police officer that the
device, by means of which breath test was taken in relation to such
person, indicates the presence of alcohol in the blood of such
person, or (b) such person, when given the opportunity to submit to a
breath test, has refused, omitted or failed to do so: 689 Provided
that where the person required to provide such specimen is a female
and the registered medical practitioner produced by such police
officer is a male medical practitioner, the specimen shall be taken
only in the presence of a female, whether a medical practitioner or
not.
(2) A person while at a hospital as an indoor patient may be
required by a police officer to provide at the hospital a specimen of
his blood for a laboratory test:-- (a) if it appears to the police
officer that the device by means of which test is carried out in
relation to the breath of such person indicates the presence of
alcohol in the blood of such person, or (b) if the person having been
required, whether at the hospital or elsewhere, to provide a specimen
of breath for a breath test, has refused, omitted or failed to do so
and a police officer has reasonable cause to suspect him of having
alcohol in his blood: Provided that a person shall not be required to
provide a specimen of his blood for a laboratory test under this
sub-section if the registered medical practitioner in immediate
charge of his case is not first notified of the proposal to make the
requirement or objects to the provision of such specimen on the
ground that its provision or the requirement to provide it would be
prejudicial to the proper care or treatment of the patient.
(3) The results of a laboratory test made in pursuance of this
section shall be admissible in evidence. Explanation.--For the
purposes of this section, "laboratory test" means the
analysis of a specimen of blood made at a laboratory established,
maintained or recognised by the Central Government or a State
Government.
205. Presumption of unfitness to drive. In any proceeding for an
offence punishable under section 185 if it is proved that the
accused, when requested by a police officer at any time so to do, had
refused, omitted or failed to consent to the taking of or providing a
specimen of his breath for a breath test or a specimen of his blood
for a laboratory test, his refusal, omission or failure may, unless
reasonable cause therefor is shown, be presumed to be a circumstance
supporting any evidence given on behalf of the prosecution, or
rebutting any evidence given on behalf of the defence, with respect
to his condition at that time.
206. Power of police officer to impound document. (1) Any police
officer or other person authorised in this behalf by the State
Government may, if he has reason to believe that any identification
mark carried on a motor vehicle or any licence, permit, certificate
of registration, certificate of insurance or other document produced
to him by the driver or person in charge of a motor vehicle is a
false document within the meaning of section 464 of the Indian Penal
Code, (45 of 1860.) seize the mark or document and call upon the
driver or owner of the vehicle to account for his possession of or
the presence in the vehicle of such mark or document.
(2) Any police officer or other person authorised in this behalf
by the State Government may, if he has reason to believe that the
driver of a 690 motor vehicle who is charged with any offence under
this Act may abscond or otherwise avoid the service of a summons,
seize any licence held by such driver and forward it ito the Court
taking cognizance of the offence and the said Court shall on the
first appearance of such driver before it, return the licence to him
in exchange for the
temporary acknowledgment given under sub-section (3).
(3) A police officer or other person seizing a licence under sub-
section (2) shall give to the person surrendering the licence a
temporary acknowledgment therefor and such acknowledgment shall
authorise the holder to drive until the licence has been returned to
him or until such date as may be specified by the police officer or
other person in the acknowledgment, whichever is earlier: Provided
that if any magistrate, police officer or other person authorised by
the State Government in this behalf is, on an application made to
him, satisfied that the licence cannot be, or has not been, returned
to the holder thereof before the date specified in the acknowledgment
for any reason for which the holder is not responsible, the
magistrate, police officer or other person, as the case may be, may
extend the period of authorization to drive to such date as may be
specified in the acknowledgment.
etc. 207. Power to detain vehicles used without certificate of
registration permit, etc. (1) Any police officer or other person
authorised in this behalf by the State Government may, if he has
reason to believe that a motor vehicle has been or is being used in
contravention of the provisions of section 3 or section 4 or section
39 or without the permit required by sub-section (1) of section 66
or in contravention of any condition of such permit relating to the
route on which or the area in which or the purpose for which the
vehicle may be used, seize and detain the vehicle, in the prescribed
manner and for this purpose take or cause to be taken any steps he
may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe
that a motor vehicle has been or is being used in contravention of
section 3 or section 4 or without the permit required
by sub-section (1) of section 66 he may, instead of seizing the
vehicle, seize the certificate of registration of the vehicle and
shall issue an acknowledgment in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub-
section (1), the owner or person in charge of the motor vehicle
may apply to the transport authority or any officer authorised in
this behalf by the State Government together with the relevant
documents for the release of the vehicle and such authority or
officer may, after verification of such documents, by order release
the vehicle subject to such conditions as the authority or officer
may deem fit to impose.
208. Summary disposal of cases. (1) The Court taking cognizance of
any offence (other than an offence which the Central Government may
by rules specify in this behalf) under this Act,-- (i) may, if the
offence is an offence punishable with imprisonment under this Act;
and 691 (ii) shall, in any other case, state upon the summons to be
served on the accused person that he-- (a) may appear by pleader or
in person; or (b) may, by a specified date prior to the hearing of
the charge, plead guilty to the charge and remit to the Court, by
money order, such sum (not exceeding the maximum fine that may be
imposed for the offence) as the Court may specify, and the plea of
guilt indicated in the money order coupon itself: Provided that the
Court shall, in the case of any of the offences
referred to in sub-section (2), state upon the summons that the
accused person, if he pleads guilty, shall so plead in the manner
specified in clause (b) and shall forward his driving licence to the
Court with his letter containing such plea.
(2) Where the offence dealt with in accordance with sub-section
(1) is an offence specified by the Central Government by rules for
the purposes of this sub-section, the Court shall, if the accused
person pleads guilty to the charge and forward his driving licence to
the Court with the letter containing his plea, make an endorsement of
such conviction on his driving licence.
(3) Where an accused person pleads guilty and remits the sum
specified and has complied with the provisions of sub-section (1),
or
as the case may be, sub-sections (1) and (2), no further
proceedings in respect of the offence shall be taken against him nor
shall he be liable, notwithstanding anything to the contrary
contained in this Act, to be disqualified for holding or obtaining a
licence by reason of his having pleaded guilty.
209. Restriction on conviction. No person prosecuted for an
offence punishable under section 183 or section 184 shall be
convicted unless-- (a) he was warned at the time the offence was
committed that the question of prosecuting him would be taken into
consideration, or (b) within fourteen days from the commission of the
offence, a notice specifying the nature of the offence and the time
and place where it is alleged to have been committed was served on or
sent by registered post to him or the person registered as the owner
of the vehicle at the time of the commission of the offence, or (c)
within twenty-eight days of the commission of the offence, a summons
for the offence was served on him: Provided that nothing, in this
section shall apply where the Court is satisfied that-- (a) the
failure to serve the notice or summons referred to in this
sub-section was due to the fact that neither the name and address of
the accused nor the name and address of the registered owner of 692
the vehicle could with reasonable diligence have been ascertained in
time, or (b) such failure was brought about by the conduct of the
accused.
210. Courts to send intimation about conviction. Every Court by
which any person holding a driving licence is convicted of an offence
under this Act or of an offence in the commission of which a motor
vehicle was used, shall send intimation to-- (a) the licensing
authority which issued the driving licence, and (b) the licensing
authority by whom the licence was last renewed, and every such
intimation shall state the name and address of the holder of the
licence, the licence number, the date of issue and renewal of the
same, the nature of the offence, the punishment awarded for the same
and such other particulars as may be prescribed. CHAP MISCELLANEOUS
CHAPTER XIV MISCELLANEOUS
211. Power to levy fee. Any rule which the Central Government or
the State Government is empowered to make under this Act may,
notwithstanding the absence of any express provision to that effect,
provide for the levy of such fees in respect of applications,
amendment of documents, issue of certificates, licences, permits,
tests, endorsements, badges, plates, countersignatures,
authorisation, supply of statistics or copies of documents or orders
and for any other purpose or matter involving the rendering of any
service by the officers or authorities under this Act or any rule
made thereunder as may be considered necessary: Provided that the
Government may, if it considers necessary so to do, in the public
interest, by general or special order, exempt any class of persons
from the payment of any such fee either in part or in full.
212. Publication, commencement and laying of rules and
notifications. (1) The power to make rules under this Act is
subject to the condition of the rules being made after previous
publication.
(2) All rules made under this Act shall be published in the
Official Gazette, and shall unless some later date is appointed, come
into force on the date of such publication.
(3) Every rule made by any State Government shall be laid, as soon
as may be after it is made before the State Legislature.
(4) Every rule made by the Central Government under this Act,
every scheme made by the Central Government under sub-section (1)
of
section 75 and sub-section (1) of section 163 and every
notification
issued by the Central Government under sub-section (4) of section
41,
sub-section (1) of section 58, sub-section (1) of section 59, the
proviso to 693
sub-section (1) of section 112 and sub-section (4) of section 213
shall be laid, as soon as may be after it is made, before each House
of Parliament while it is in session for a total period of thirty
days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule,
scheme or notification or both Houses agree that the rule or scheme
should not be made or the notification should not be issued, the
rule, scheme or notification shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
rule, scheme or notification.
213. Appointment of motor vehicles officers. (1) The State
Government may, for the purpose of carrying into effect the
provisions of this Act, establish a Motor Vehicles Department and
appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant
within the meaning of the Indian Penal Code. (45 of 1860.)
(3) The State Government may make rules to regulate the discharge
by officers of the Motor Vehicles Department of their functions and
in particular and without prejudice to the generality of the
foregoing power to prescribe the uniform to be worn by them, the
authorities to which they shall be subordinate, the duties to be
performed by them, the powers (including the powers exercisable by
police officers under this Act) to be exercised by them, and the
conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of
the Act, by notification in the Official Gazette, prescribe the
minimum qualifications which the said officers or any class thereof
shall possess for being appointed as such.
(5) In addition to the powers that may be conferred on any
officer of the Motor Vehicles Department under sub-section (3),
such officer as may be empowered by the State Government in this
behalf shall also have the power to,-- (a) make such examination and
inquiry as he thinks fit in order to ascertain whether the provisions
of this Act and the rules made thereunder are being observed; (b)
with such assistance, if any, as he thinks fit, enter, inspect and
search any premises which is in the occupation of a person who, he
has reason to believe, has committed an offence under this Act or in
which a motor vehicle in respect of which such offence has been
committed is kept: Provided that,-- (i) any such search without a
warrant shall be made only by an officer of the rank of a gazetted
officer; 694 (ii) where the offence is punishable with fine only the
search shall not be made after sunset and before sunrise; (iii) where
the search is made without a warrant, the gazetted officer concerned
shall record in writing the grounds for not obtaining a warrant and
report to his immediate superior that such search has been made; (c)
examine any person and require the production of any register or
other document maintained in pursuance of this Act, and take on the
spot or otherwise statements of any person which he may consider
necessary for carrying out the purposes of this Act; (d) seize or
take copies of any registers or documents or portions thereof as he
may consider relevant in respect of an offence under this Act which
he has reason to believe has been committed; (e) launch prosecutions
in respect of any offence under this Act and to take a bond for
ensuring the attendance of the offender before any court; (f)
exercise such other powers as may be prescribed: Provided that no
person shall be compelled under this sub-section to answer any
question or make any statement tending to incriminate himself.
(6) The provisions of the Code of Criminal Procedure, 1973 (2 of
1974.) shall, so far as may be apply to any search or seizure under
this section as they apply to any search or seizure under the
authority of any warrant issued under section 94 of that Code.
214. Effect of appeal and revision on orders passed by original
authority. (1) Where an appeal has been preferred or an
application for revision has been made against any order passed by an
original authority under this Act, the appeal or the application for
revision shall not operate as a stay of the order passed by the
original authority and such order shall remain in force pending the
disposal of the appeal or the application for revision, as the case
may be, unless the prescribed appellate authority or revisional
authority otherwise directs.
(2) Notwithstanding anything contained in sub-section (1), if an
application made by a person for the renewal of permit has been
rejected by the original authority and such person has preferred an
appeal or made an application for revision under this Act against
such rejection, the appellate authority or, as the case may be, the
revisional authority may by order direct that the permit shall,
notwithstanding the expiration of the term specified therein,
continue to be valid until the appeal or application for revision is
disposed of.
(3) No order made by a competent authority under this Act shall be
reversed or altered on appeal or revision on account of any error,
omission or irregularity in the proceedings, unless it appears to the
prescribed appellate authority or revisional authority, as the case
may be, that such error, omission or irregularity has, in fact,
occasioned a failure of justice. 695
215. Road Safety Councils and Committees. (1) The Central
Government may, by notification in the Official Gazette, constitute
for the country a National Road Safety Council consisting of a
Chairman and such other members as that Government considers
necessary and on such terms and conditions as that Government may
determine.
(2) A State Government may, by notification in the Official
Gazette, constitute for the State a State Road Safety Council
consisting of a Chairman and such other members as that Government
considers necessary and on such terms and conditions as that
Government may determine.
(3) A State Government may, by notification in the Official
Gazette, constitute District Road Safety Committee for each district
in the State consisting of a Chairman and such other members as that
Government considers necessary and on such terms and conditions as
that Government may determine.
(4) The Councils and Committees referred to in this section shall
discharge such functions relating to the road safety programmes as
the Central Government or the State Government, as the case may be,
may, having regard to the objects of the Act, specify.
216. Power to remove difficulties. (1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removing the
difficulty: Provided that no such order shall be made after the
expiry of a period of three years from the date of commencement of
this Act.
(2) Every order made under this section shall, as soon as may be
after it is made, be laid before each House of Parliament.
217. Repeal and savings. (1) The Motor Vehicles Act, 1939 (4 of
1939.) and any law corresponding to that Act in force in any State
immediately before the commencement of this Act in that State
(hereafter in this section referred to as the repealed enactments)
are hereby repealed.
(2) Notwithstanding the repeal by sub-section (1) of the repealed
enactments,-- (a) any notification, rule, regulation, order or notice
issued, or any appointment or declaration made, or exemption granted,
or any confiscation made, or any penalty or fine imposed, any
forfeiture, cancellation or any other thing done, or any other action
taken under the repealed enactments, and in force immediately before
such commencement shall, so far as it is not inconsistent with the
provisions of this Act, be deemed to have been issued, made, granted,
done or taken under the corresponding provision of this Act; (b) any
certificate of fitness or registration or licence or permit issued or
granted under the repealed enactments shall continue to have effect
after such commencement under the same conditions and for the same
period as if this Act had not been passed; 696 (c) any document
referring to any of the repealed enactments or the provisions
thereof, shall be construed as referring to this Act or to the
corresponding provision of this Act; (d) the assignment of
distinguishing marks by the registering authority and the manner of
display on motor vehicles in accordance with the provision of the
repealed enactments shall, after the commencement of this Act,
continue to remain in
force until a notification under sub-section (6) of section 41 of
this Act is issued; (e) any scheme made under section 68C of the
Motor Vehicles Act, 1939 (4 of 1939.) or under the corresponding law,
if any, in force in any State and pending immediately before the
commencement of this Act shall be disposed of in accordance with the
provisions of section 100 of this Act; (f) the permits issued under
sub-section (1A) of section 68F of the Motor Vehicles Act, 1939, (4
of 1939.) or under the corresponding provision, if any, in force in
any State immediately before the commencement of this Act shall
continue to remain in force until the approved scheme under Chapter
VI of this Act is published.
(3) Any penalty payable under any of the repealed enactments may
be recovered in the manner provided by or under this Act, but without
prejudice to any action already taken for the recovery of such
penalty under the repealed enactments.
(4) The mention of particular matters in this section shall not be
held to prejudice or affect the general application of section 6 of
the General Clauses Act, 1897, (10 of 1897.) with regard to the
effect of repeals. 697 SCHE TRAFFIC SIGNS THE SCHEDULE (See sections
116 and 119) TRAFFIC SIGNS Part A.--Mandatory Signs
Notes--(1) The figure 20 is given merely as an example. The actual
figures will be as prescribed in each case where this sign is used.
(2) The general design of the post is given for guidance.
(3) Where the speed limit is, or is to be, imposed only on a
certain class or classes of motor vehicle, the class or classes will
be specified on the "definition plate". Where in addition
to a general speed limit applicable to other motor vehicles a special
speed limit is or is to be imposed on vehicles of a certain class or
classes, the general speed limit will be specified on the disc and
the special speed limit together with the class or classes of vehicle
to which it applies, will be specified on the "definition
plate".
(4) The paints to be used on the traffic signs should be of
reflecting kind. For New Schedule, see Notification No. S. O. 475
(E), 21-6-89 (w.e.f. 1-7-1989). 699 Note--Sign No. 5 as here set
forth may be amplified by instructions inscribed upon a definition
plate placed below it as in the general arrangement set forth in sign
No. 1 of this Part. Upon the definition plate may be set forth the
times during which parking is prohibited. In like manner an
arrow-head inscribed on the definition plate will indicate that
parking is prohibited on that part of the street or road lying to the
side of the sign to which the arrow-head points. 701 Part
B.--Cautionary Signs The signs of this Part shall be used in
conjunction with a red triangular plate, the centre of which shall be
either bollow or painted white, in the manner indicated in the
general design reproduced below.