THE MOTOR VEHICLES ACT, 1988


Published: 1988-10-14

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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. 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.



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;

---------------------------------------------------------------------

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;

----------------------------------------------------------------------

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.



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.



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.



5.

Responsibility of owners of motor vehicles for contravention ofsections

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.



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 certainvehicles.



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.



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.



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.



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.



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.



12.

Licensing and regulation of schools or establishments for

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.



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.



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.



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.



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.



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.



18.

Driving licences to drive motor vehicles, belonging to the

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.



19.

Power of licensing authority to disqualify from holding a drivinglicence

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.



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.



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.



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.



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.



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



25.

Transfer of endorsement and issue of driving licence free

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.



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.



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.



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

27.



(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.



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.



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.



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.



32.

Revocation of a conductor's licence on grounds of disease

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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



42.

Special provision for registration of motor vehicles of diplomaticofficers,

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.



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.



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.



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.



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.



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.



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.



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.



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.



51.

Special provisions regarding motor vehicle subject to

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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



62.

Information regarding stolen and recovered motor vehicles to befurnished

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.



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.



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.



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

64.



(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.



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.



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.



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.



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.



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.



71.

Procedure of Regional Transport Authority in considering applicationfor stage

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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



95.

Power of State Government to make rules as to stage carriages andcontract

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 thisChapter.



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.



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.



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.



99.

Preparation and publication of proposal regarding road transportservice

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.



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.



101.

Operation of additional services by a State transport undertaking incertain

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.



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.



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).



104.

Restriction on grant of permits in respect of a notified area ornotified

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.



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.



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.



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.



108.

Certain powers of State Government exercisable by the

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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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 publicplace.



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.



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.



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.



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.



131.

Duty of the driver to take certain precautions at unguarded railwaylevel

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.



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.



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.



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.



135.

Schemes to be framed for the investigation of accident cases andwayside

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.



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.



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.



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

137.



(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.



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 nofault.



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



141.

Provisions as to other right to claim compensation for death orpermanent

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.



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.



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.



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.



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.



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.



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.



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



149.

Duty of insurers to satisfy judgments and awards against personsinsured

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.



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.



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.



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.



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.



154.

Insolvency of insured persons not to affect liability of insured orclaims by

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.



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.



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.



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 certaincases.



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.



159.

Production of certificate of Insurance on application for authority touse

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.



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 motoraccident.



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.



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 motoraccidents.



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.



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.



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

140.



(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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



178.

Penalty for travelling without pass or ticket and for dereliction ofduty on

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.



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.



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.



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.



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.



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.



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 ofdrugs.



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.



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.



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.



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 trials of speed.



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.



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 contraveningthis Act.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



207.

Power to detain vehicles used without certificate of registrationpermit,

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.



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.



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.



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.



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.



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.



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.



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.



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.



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.



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.

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