[Act 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:- CHAPTER I PRELIMINARY (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 date[1] as
the Central Government may, by notification in the Official Gazette, appoint;
and different dates may be appointed for different States 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. In this Act, unless the context otherwise requires,- [2][(1) "adapted vehicle"
means a motor vehicle either specially designed and constructed, or to which
alterations have been made under sub-section (2) of section 52, for the
use of a person suffering from any physical defect or disability, and used
solely by or for such person; (1A) "aggregator" means a
digital intermediary or market place for a passenger to connect with a driver
for the purpose of transportation; (1B)
"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
semi-trailer 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; [3][(4A) "community service"
means an unpaid work which a person is required to perform as a punishment for
an offence committed under this Act;] (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; (7) "contract carriage" means a motor vehicle which carries a
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 motorcar
notwithstanding the separate fares are charged for its passengers; (8) "dealer" includes a person who is engaged- (a)
[4][***] (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; [5][(9A) "driver refresher
training course" means the course referred to in sub-section (2A) of
section 19;] (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; [6][(12A) "golden hour"
means the time period lasting one hour following a traumatic injury during
which there is highest likelihood of preventing death by providing prompt
medical care;] (13) "goods" includes
livestock, 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 traveling 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; (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) [7][***] (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 [8][7500] kilograms; [9][(21A) "manufacturer"
means a person who is engaged in the manufacture of motor vehicles;] (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, [10][adapted vehicle], 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 [11][adapted vehicle]; (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 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 [12][twenty-five cubic centimeters]; (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; [13][(38A) "scheme" means a
scheme framed under this Act;] [14][(39) "semi-trailer"
means a vehicle not mechanically propelled (other than a trailer), which is
intended to he connected to a motor vehicle and which is so constructed that a
portion of it is super-imposed on, and a part of whose weight is borne by, that
motor vehicle;] (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. [15][(iv) Zila Parishad or any other
similar local authority.] 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; [16][(42A) "testing agency"
means any entity designated as a testing agency under section 110B;] (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 [17][or moves]. (1)
Save
as otherwise provided in the proviso to sub-section (1) of section 7 and
sub-section (10) of section 9, the provisions of this Act shall apply to e-cart
and e-rickshaw. (2)
For
the purposes of this section, "e-cart or e-rickshaw" means a special
purpose battery powered vehicle of power not exceeding 4000 watts, having three
wheels for carrying goods or passengers, as the case may be, for hire or
reward, manufactured, constructed or adapted, equipped and maintained in
accordance with such specifications, as may be prescribed in this behalf.][18] Notwithstanding anything contained in
this Act and subject to such conditions as may be prescribed by the Central
Government, in order to promote innovation, research and development in the
fields of vehicular engineering, mechanically propelled vehicles and
transportation in general, the Central Government may exempt certain types of
mechanically propelled vehicles from the application of the provisions of this
Act.][19] CHAPTER
II LICENSING OF DRIVERS OF MOTOR VEHICLES (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 [20][a motor cab or
motor cycle] hired for his own use or rented under any scheme made under
subsection (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. (1)
No
person under the age of eighteen years shall drive a motor vehicle in any
public place: Provided that [21][a motor cycle
with engine capacity not exceeding 50cc] 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. 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. (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. [22][(1) No person shall be granted a learner's licence to
drive a transport vehicle unless he has held a driving licence to drive a light
motor vehicle for at least one year.] [23][Provided that nothing contained in this sub-section
shall apply to an e-cart or e-rickshaw.] (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. (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 [24][any of the licensing authority in the State]- (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 10 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 [25][with such fee and submit in such manner, including
electronic means] as may be prescribed by the Central Government. (3)
Every
application [26][to drive a transport vehicle made] 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: [27][***] (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 minor 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 [28][adapted vehicle] may be issued to the applicant, if
the licensing authority is satisfied that he is fit to drive such a carnage. (5)
No learner's
licence shall be issued to any applicant unless he [29][satisfies such conditions] 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: 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. [30][Provided further that a licencing authority may issue
a learner's licence in electronic form and such manner as may be prescribed by
the Central Government.: Provided also that the licensing authority may, before issuing the
license, verify the identity of the applicant in such manner as may be
prescribed by the Central Government.] (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)
[31][***] (1)
Any
person who is not for the time being disqualified for holding or obtaining a
driving licence may apply to [32][any licensing
authority in the State]- (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. [33][(3) If the
applicant passes such test as may be prescribed by the Central Government, he
shall be issued the driving licence: Provided that no such test
shall be necessary where the applicant produces proof to show that- (a)
(i)
the applicant has previously held a driving licence to drive such class of vehicle
and that the period between the date of expiry of that licence and the date of
the application does not exceed five years, or (ii) the applicant holds or has
previously held a driving licence to drive such class of vehicle issued under
section 18, or (iii) the applicant holds a driving
licence to drive such class of vehicle issued by a competent authority of any
country outside India, subject to the condition that the applicant complies
with the provisions of sub-section (3) of section 8, (b)
the
applicant is not suffering from any disability which is likely to
cause the driving by him 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 subsection (3) of section 8: [34][Provided further
that a driving licence for driving an adapted vehicle may be issued to the
applicant, if the licensing authority is satisfied that he is fit to drive such
motor vehicle.] (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 [35][***] a driving
certificate issued by a school or establishment referred to in section 12. [36][(5) Where the
applicant does not pass the test, he may be permitted to re-appear for the test
after a period of seven days: Provided that where the applicant does
not pass the test even after three appearances, he shall not be qualified to
re-appear for such test before the expiry of a period of sixty days from the
date of last such test [37][and such
applicant shall be required to complete a remedial driver training course from
any school or establishment under section 12].] (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 in
writing, make an order refusing to issue a driving licence to such person and
any person aggrieved by 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) [38][***] [39][(10)
Notwithstanding anything contained in this section, the driving licence to
drive e-cart or e-rickshaw shall be issued in such manner and subject to such
conditions, as may be prescribed.] (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)
[40][adapted
vehicle]; (d)
light
motor vehicle; [41][(e) transport
vehicle;] (i) road-roller; (j) motor vehicle
of a specified description. (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 [42][any licensing authority in the State] 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 was 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. [43][Provided that the licensing authority may, before
issuing the license verify the identity of the applicant in such manner as may
be prescribed by the Central Government.] (1)
The Central
Government may make rules for the purpose of licensing and regulating, by the
State Government schools or establishments (by whatever name called) for
imparting instruction in driving of motor vehicles and matters connected
therewith. (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 he 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. (4)
[44][***] [45][(5) Notwithstanding anything contained in any other
provision, where any school or establishment has been accredited by a body
notified by the Central Government under any other law for the time being in
force, any person who has successfully completed a training module at such
school or establishment covering a particular type of motor vehicle shall be
eligible to obtain a driving licence for such type of motor vehicle. (6) The curriculum of
the training module referred to in sub-section (5) and the remedial driver
training course referred to in sub-section (5) of section 9 shall be such as
may be prescribed by the Central Government and that Government may make rules
for the regulation of such schools or establishments.] A learner's licence of a driving licence issued under this Act shall be
effective throughout India. (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 [46][five years]: [47][***] [48][Provided that in the case of licence to drive a
transport vehicle carrying goods of dangerous or hazardous nature he effective
for a period of [49][three years and renewal thereof shall be subject to
such conditions as the Central Government may prescribe; and]] [50][(b) in the case of any
other licence, subject to such conditions as the Central Government may
prescribe, if the person obtaining the licence, either originally or on renewal
thereof,-- (i)
has not
attained the age of thirty years on the date of issue or, renewal thereof, be
effective until the date on which such person attains the age of forty years;
or (ii)
has attained
the age of thirty years but has not attained the age of fifty years on the date
of issue or, renewal thereof, be effective for a period of ten years from the
date of such issue or renewal; or (iii)
has attained
the age of fifty years but has not attained the age of fifty-five years on the
date of issue or, renewal thereof, be effective until the date on which such
person attains the age of sixty years; or (iv)
has attained
the age of fifty-five 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.] [51][Provided that
every driving licence shall, notwithstanding its expiry under this sub-section,
continue to be effective for a period of thirty days from the date of such
expiry.] [52][***] (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 [53][ renewal]: [54][ Provided that
in any case where the application for the renewal of a licence is made within a
period of one year prior to date of its expiry, the driving licence shall be renewed
with effect from the date of its expiry: 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 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 [55][one year] 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 [56][one year] 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 such-section (3): Provided further that if the application is made more than [57][one year after the driving licence has ceased to be
effective, the licensing authority shall] 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. 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 believe 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. (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. (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. (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
Slate Government, furnish such information respecting any person to whom a
driving licence is issued as that Government may at any time require. (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 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 in writing of the person having the
care of the holder of the licence and has ceased to he 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. [58][(1A) Where
a licence has been
forwarded to the licensing authority under sub-section (4) of section 206, the
licensing authority, if satisfied after giving the holder of the driving
licence an opportunity of being heard, may either discharge the holder of a
driving licence or, it may for detailed reasons recorded in writing, make an
order disqualifying such person from holding or obtaining any licence to drive
all or any class or description of vehicles specified in the licence-- (a)
for a first
offence, for a period of three months; (b)
for a second
or subsequent offence, with revocation of the driving licence of such person: Provided that where a driving licence
is revoked under this section, the name of the holder of such driving licence
may be placed in the public domain in such manner as may be prescribed by the
Central Government.] (2)
Where an order
under sub-section (1) [59][or sub-section (1A)] 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: [60][Provided that the driving licence shall be returned
to the holder at the end of the period of disqualification only if he successfully
completes the driver refresher training course.] [61][(2A) The
licence holder whose
licence has been suspended shall undergo the driver refresher training course
from a school or establishment licenced and regulated under section 12 or such
other agency, as may be notified by the Central Government. (2B) The
nature, syllabus and
duration of the driver refresher training course shall be such as may be
prescribed by the Central Government.] (3)
Any person
aggrieved by an order made by a licensing authority under sub-section (1) [62][or sub-section (1A)] 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. (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 person so convicted to be
disqualified, for such period as the court may specify, from holding any
driving licence to drive all classes to 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 he made for the first or second offence. (2)
Where a person
is convicted of an offence under [63][***]; 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 [64][***] 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. (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. (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. (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. (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. (2)
The operation
of a disqualification order mad 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. (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 at 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. (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 and on payment of a fee of five
rupees, to receive a new 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 he
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, and period during which the said person was
disqualified for holding or obtaining a driving licence shall be excluded. (1)
The
Central Government shall maintain a National Register of Driving Licences in
such form and manner as may be prescribed. (2)
All
State Registers of Driving Licences shall be subsumed under the National
Register of Driving Licences by a date to be notified by the Central
Government. (3)
No
driving licence issued, or renewed, under this Act shall be valid unless it has
been issued a unique driving licence number under the National Register of
Driving Licences. (4)
All
State Governments and licensing authorities under this Act shall transmit all
information including contained data in the State Register of Driving Licences
in such form and manner as may be prescribed by the Central Government. (5)
The
State Governments shall be entitled to access the National Register and update
their records in such manner as may be prescribed by the Central Government.][65] 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 particulars, including-- (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.][66] The Central Government may make rules- [67][(a)
specifications relating to e-cart and e-rickshaw under sub-section (2) of
section 2A;] ([68][aa]) regarding conditions referred to in such-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; [69][(da) the form and manner in which a licensing
authority may issue a learner's licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may
verify the identity of the applicant under the third proviso to sub-section (6)
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; [70][(ff) the manner and the conditions subject to which
the driving licence may be issued under sub-section (10) 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 subsection (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; [71][(ja) the curriculum of training modules and the
regulation of schools and establishments under sub-section (6) of section 12; (jb) the
conditions for the renewal of licence to drive transport vehicles carrying
goods of dangerous or hazardous nature and other motor vehicles under clause
(a) and clause (b) of sub-section (2) of section 14; (jc) the manner
in which a licensing authority may verify the identity of the applicant under
the third proviso to sub-section (2) of section 11;] (k) providing
for the form and contents of the application referred to in subsection (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 (I) 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 establishments for imparting
instructions in driving motor vehicles; (n) specifying
the acts for the purposes of clause (f) of sub-section (1) of section 19; [72][(na) the manner of placing in the public domain of the
name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the
nature, syllabus and duration of the driver refresher training course as
referred to in sub-section (2B) of section 19;] (o) specifying
the offences under this Act for the purposes of sub-section (2) of section 24; [73][(oa) all or any of the matters referred to in section
25A;] (p) to provide for all or any of the matters referred
to in [74][***] section 26; (q) any other matter which is, or has to be, prescribed
by the Central Government. (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 the 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 has become obsolete and the tees to be
charged therefore; (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)
[75][***] (k)
any other
matter which is to be, or may he, prescribed. CHAPTER
III LICENSING OF CONDUCTORS OF STAGE CARRIAGES (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. (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. (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. 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. (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. (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. (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. 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. 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 Chapter as if this
Chapter has been in force on the date on which dial licence was granted. (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 he 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 therefore; (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. CHAPTER
IV REGISTRATION OF MOTOR VEHICLES 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 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. 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 [76][any registering authority in the State] in [77][which] he has the residence or place of business
where the vehicle is normally kept. (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. [78][Provided further
that in the case of a new motor vehicle, the application for registration in
the State shall be made by the dealer of such motor vehicle, if the new motor
vehicle is being registered in the same State in which the dealer is situated.] (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 [79][a certificate of
registration in the name of the owner] 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. [80][Provided that in
case of a new motor vehicle, the application for the registration of which is
made under the second proviso to sub-section (1), such motor vehicle shall not
be delivered to the owner until such registration mark is displayed on the
motor vehicle in such form and manner as may 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, [81][***], 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 [82][or for such
period as may be prescribed by the Central Government] and shall be renewable. (8)
An
application by or on behalf of the owner of a motor vehicle, [83][***], 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. (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 [84][for such period,
as may be prescribed by the Central Government] and intimate the fact to the
original registering authority, if it is not the original registering
authority. [85][Provided that
the Central Government may prescribe different period of renewal for different
types of motor vehicles.] [86][***] (14) An application for the issue of a duplicate
certificate of registration shall be made to the [87][last registering
authority] in such form, containing such particulars and information along with
such fee as may be prescribed by the Central Government. [STATE
AMENDMENTS Rajasthan: [88][In its
application to the State of Rajasthan, in section 41,- (a)
in
sub-sections (7) and (8), the expression, "other than a transport vehicle,
"shall be omitted; (b)
after
sub-section (7) so amended, insert the following proviso, namely:- "Provided that in the case of
transport vehicles, State Government may require the transport vehicles to be
re-registered in the manner prescribed, subject to the age limit, if any,
prescribed under section 59 of the Act."; and (c)
in
sub-section (10), after the words "for a period of five years" and
before the words "and intimate", the expression "on payment of
all taxes, penalties and interest, if any, levied by the State Government"
shall be inserted. (1)
Where an
application for registration of a motor vehicle is made under subsection (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 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. [89][Notwithstanding
anything contained in section 40, the owner of a motor vehicle may apply to any
registering authority or other authority as may be prescribed by the State
Government to have the motor vehicle temporarily registered and such authority
shall issue a temporary certificate of registration and temporary registration
mark in accordance with such rules as may be made by the Central Government: Provided that the State Government may
register a motor vehicle that plies, temporarily, within the State and issue a
certificate of registration and registration mark for a period of one month in
such manner as may be prescribed by the State Government.] (1)
Subject
to such terms and conditions as may be prescribed by the Central Government in
this behalf, a motor vehicle sold by an authorised dealer shall not require
production before a registering authority for the purposes of registration for
the first time. (2)
Subject
to such terms and conditions as may be prescribed by the State Government, a
person in whose name a certificate of registration has been issued shall not be
required to produce the vehicle registered or transferred before a registering
authority.][90] 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. 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. (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 acknowledgment received by the owner of the vehicle if he has sent an
application in this behalf by registered post acknowledgment 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 acknowledgment
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 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). (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 subsection (1)
of section 50, shall make an application in such form and in such manner as may
he 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 prescribe3 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 of refusing to grant the no objection certificate, the registering
authority shall obtain a report in writing from the police 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. [91][(6) The owner of
the vehicle shall also inform at the earliest, in writing, the registering
authority about the theft of his vehicle together with the name of the police
station where the theft report was lodged, and the registering authority shall
take into account such report while disposing of any application for no
objection certification, registration, transfer of ownership or issue of
duplicate registration certificate]. (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 [92][State,
to any registering authority in that State], 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. [93][(1A) The
intimation under sub-section (1) may be sent to the appropriate registering
authority in electronic form along with the electronic form of
such documents, including proof of authentication in such manner as may be
prescribed by the Central Government.] (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 [94][five
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. (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 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 acknowledgment received by the transferee if he has sent an application
in this behalf by registered post acknowledgment 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 he, 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 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. (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 [95][last
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 [96][and
an intimation in this regard shall be sent to the original registering
authority if the last registering authority is not the original registering
authority]. (3)
Any
entry made under sub-section (1) or subjection (2), may be cancelled by
the [97][last
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 [98][and
an intimation in this behalf shall be sent to the original registering
authority if the last registering authority is not the original registering
authority]. (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 [99][from
the registered owner] 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
acknowledgment 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 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 [100][under
section 47, or removal of the vehicle to another State, or at the time of
conversion of the vehicle from one class to another, or for issue of no
objection certificate under section 48, or for change of residence or place of
business under section 49, or for the alteration of the vehicle under section
52, 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
communicate 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 (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 (c)
any
alteration in a motor vehicle, or (d)
suspension
or cancellation of registration of a motor vehicle, or (e)
change
of address, shall communicate [101][by
registered post acknowledgment due] to the financier that such entry has been
made. [102][(11) A
registering authority registering the new-vehicle, or issuing the duplicate
certificate of registration or a no objection certificate or a temporary
certificate of registration, or issuing or renewing, a fitness certificate or
substituting entries relating to another motor vehicle in the permit, shall
intimate the financier of such transaction. (12) The
registering authority where it is not the original registering authority, when
making entry under sub-section (1) or sub-section (2), or canceling the said
entry under sub-section (3) or issuing the fresh certificate of registration
under sub-section (5) shall communicate the same to the original registering
authority.] (1) No owner of a
motor vehicle shall so alter the vehicle that the particulars contained in the
certificate of registration are at variance with those originally specified by
the manufacturer: Provided that where the owner of a
motor vehicle makes modification of the engine, or any part thereof, of a
vehicle for facilitating its operation by different type of fuel or source of
energy including battery, compressed natural gas, solar power, liquid petroleum
gas or any other fuel or source of energy, by fitment of a conversion kit, such
modification shall be carried out subject to such conditions as may be
prescribed: [103][Provided further
that the Central Government may prescribe specifications, conditions for
approval, retrofitment and other related matters for the alteration of motor
vehicles and in such cases, the warranty granted by the manufacturer shall not
be considered as void for the purposes of such alteration or retrofitment.] Provided also that the Central
Government may grant exemption for alteration of vehicles in a manner other
than specified above, for any specific purpose. [104][(1A) A
manufacturer of a motor vehicle shall on the direction issued by the Central
Government, alter or retrofit safety equipment, or any other equipment in
accordance with such standards and specifications as may be specified by the
Central Government.] [105][(2) Notwithstanding anything
contained in sub-section (1), any person may, with the subsequent approval of
the registering authority, alter or cause to be altered any vehicle owned by
him to be converted into an adapted vehicle: Provided that such
alteration complies with such conditions as may be prescribed by the Central
Government.] (3) Where any alteration has been made in motor
vehicle without the approval of registering authority [106][***],
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
registration may be entered therein. (4) 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. (5) Subject to the provisions made under
sub-sections (1), (2), (3) and (4), no person holding a vehicle under a
hire-purchase agreement shall make any alteration to the vehicle except with
the written consent of the registered owner. Explanation.- For the
purposes of this section, "alteration" means a change in
the structure of a vehicle which results in a change in its basic feature.] (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 there under, 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 acknowledgment 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 therefore to the registering authority within whose jurisdiction the
vehicle is at the time of the suspension. (3)
Where the
registration 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. (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 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. (1)
If a motor
vehicle has been destroyed or has been rendered permanently incapable of use,
the owner shall, within [107][thirty
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 the 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 by 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 acknowledgment 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 acknowledgment due at his
address entered in the certificate of registration), and for reasons to be
recorded in writing, cancel the registration. [108][(5A) If
any registering authority or other prescribed
authority has reason to believe that any motor vehicle within its jurisdiction
has been used in the commission of an offence punishable under section 199A,
the authority may, after giving the owner an opportunity of making a representation
in writing, cancel the certificate of registration of the vehicle for a period
of one year: Provided that the owner
of the motor vehicle may apply for fresh registration in accordance with the
provisions of section 40 and section 41.] (6)
A registering
authority canceling 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. (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, 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. (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 to issue such certificate, it shall supply the owner of the vehicle
with its reasons in writing for such refusal. [109][Provided further that no certificate of fitness shall be granted to a
vehicle, after such date as may be notified by the Central Government, unless
such vehicle has been tested at an automated testing station.] [110][(2) The "authorised testing station" referred to in
sub-section (1) means any facility, including automated testing facilities,
authorised by the State Government, where fitness testing may be conducted in
accordance with the rules made by the Central Government for recognition,
regulation and control of such stations.] (3) Subject to the provisions of
sub-section (4), 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
lime, 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: [111][Provided that no
such cancellation shall be made by the prescribed authority unless,-- (a)
such
prescribed authority holds such technical qualification as may be prescribed by
the Central Government and where the prescribed authority does not hold the
technical qualification, such cancellation is made on the basis of the report
of an officer having such qualification; and (b)
the
reasons recorded in writing cancelling a certificate of fitness are confirmed
by an authorised testing station chosen by the owner of the vehicle whose
certificate of fitness is sought to be cancelled: Provided further that if the
cancellation is confirmed by the authorised testing station, the cost of
undertaking the test shall be borne by the owner of the vehicle being tested
and in the alternative by the prescribed authority.] (5) A certificate of fitness
issued under this Act shall, while it remains effective be valid throughout
India. [112][(6) All transport vehicles with a valid certificate of fitness issued
under this section shall carry, on their bodies, in a clear and visible manner
such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as
the Central Government may prescribe, the provisions of this section may be
extended to non-transport vehicles.] [113][(1) Any person aggrieved by an order of the registering authority under
section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 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 order as it thinks fit. (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 [114][maximum
gross vehicle 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. [115][***] (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. (1) The Central Government may, having regard to the public safety,
convenience and objects of this Act, by notification in the Official 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). [116][(4) The Central Government may, having regard to the public safety,
convenience, protection of the environment and the objects of this Act, make
rules prescribing the manner of recycling of motor vehicles and parts thereof
which have exceeded their life.] (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 there under 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 general nature, overall
dimensions and axle weights of the vehicle as the State Government may at any
time require. (1)
The
provisions of this Chapter shall apply to the registration of trailers as they
apply to the registration of any oilier 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. 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. (1)
No
registering authority shall register any motor vehicle that contravenes any
rule made under clause (a) of sub-section (1) of section 110. (2)
No
prescribed authority or authorised testing station shall issue a certificate of
fitness under section 56 to any motor vehicle that contravenes any rule made
under section 110.][117] (1) The Central
Government shall maintain a National Register of Motor Vehicles in such form
and manner as may be prescribed by it: Provided that all State Registers of
Motor Vehicles shall be subsumed under the National Register of Motor Vehicles
by such date as may be notified in the Official Gazette by the Central
Government. (2)
No
certificate of registration issued, or renewed, under this Act shall be valid
unless it has been issued a unique registration number under the National
Register of Motor Vehicles. (3)
In
order to maintain the National Register of Motor Vehicles, all State
Governments and registering authorities under this Act shall transmit all
information and data in the State Register of Motor Vehicles to the Central
Government in such form and manner as may be prescribed by the Central
Government. (4)
State
Governments shall be able to access the National Register of Motor Vehicles and
update records in accordance with the provisions of this Act and the rules made
by the Central Government there under.][118] 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 Vehicles, in respect of the motor vehicles
in that State, containing the particulars including-- (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.][119] 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 subsection (1)
of section 41; (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; [120][(da) providing
for the period of validity of a certificate of registration under sub-section
(7) of section 41;] (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; [121][(ea) the period
of renewal of certificate of registration of different types of motor vehicles
under sub-section (10) 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; [122][(fa) the issue
of temporary certificate of registration and temporary registration mark under
section 43; (fb) the terms and conditions under which a motor
vehicle sold by an authorised dealer shall not require production before a
registering authority under sub-section (1) of section 44;] (g)
the
form in which and 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; [123][(ja) the form
and manner for the electronic submission of the intimation of change of
address, documents to be submitted along with such intimation including proof
of authentication under sub-section (1A) of section 49;] (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 subsection (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; [124][(la)
specifications, conditions for approval, retrofitment and other related matters
for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor
vehicle into an adapted vehicle under sub-section (2) of section 52;] (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; [125][(na) the
distinguishing mark to be carried on the body of transport vehicles under
sub-section (6) of section 56; (nb) the conditions under which the application of
section 56 may be extended to non-transport vehicles under sub-section (7) of
section 56; (nc) the recycling of motor vehicles and parts
thereof which have exceeded their life under sub-section (4) of section 59;] (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 canceling 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. [126][(oa) all or any
of the matters under sub-section (1) of section 62B; (ob) all or any
of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter
which is to be, or may be, prescribed by the Central Government. (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 there under 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 [127][under
the proviso to section 43]; (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 [128][***]
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; [129][***] (p) any other matter which is to be or may be prescribed. CHAPTER V CONTROL OF
TRANSPORT VEHICLES (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 good 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 holder to use the vehicle for the
carriage of goods for or in connection with a trade or business carried on by
him. [130][Provided also
that where a transport vehicle has been issued any permit or permits, as well
as a licence under this Act, such vehicle may be used either under the permit,
or permits, so issued to it, or under such licence, at the discretion of the
vehicle owner.] (2) The holder of a
goods carriage permit may use the vehicle, for the drawing of any trailer or
semi-trailer not owned by him, subject to such conditions as may be prescribed: [131][Provided that
the holder of a permit of any articulated vehicle may use the prime-mover of
that articulated vehicle for any other semi-trailor.] (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 used solely for police, fire brigade or ambulance
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 the Central Government may, by
notification in the Official Gazette, specify in this behalf; (h)
[132][***] (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 Stale, 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)
[133][***] (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 hypothecation
agreement and which owning 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. [134][(q) to any
transport vehicle having been issued a licence under a scheme, under
sub-section (3) of section 67 or sub-section (1) of section 88A, or plying
under such orders as may be issued by the Central Government or by the State
Government.] (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. The Central Government may develop a
National Transportation Policy consistent with the objects of this Act in
concurrence with the State Governments and other agencies with a view to-- (i)
establish
a planning framework for passengers and goods transportation within which
transport bodies are to operate; (ii)
establish
a medium and long term planning framework for all forms of road transport,
identify areas for the development of transport improvement infrastructure
across India in consultation with the authorities and agencies related to
ports, railways and aviation as well as with local and State level planning,
land holding and regulatory authorities for the delivery of an integrated
multimodal transport system; (iii)
establish
the framework of grant of permits and schemes; (iv)
establish
strategic policy for transport by road and its role as a link to other means of
transport; (v)
identify
strategic policies and specify priorities for the transport system that address
current and future challenges; (vi)
provide
medium to long term strategic directions, priorities and actions; (vii)
promote
competition, innovation, increase in capacity, seamless mobility and greater
efficiency in transport of goods or livestock or passengers, and economical use
of resources; (viii)
safeguard
the interest of the public and promote equity, while seeking to enhance private
participation and public-private partnership in the transport sector; (ix)
demonstrate
an integrated approach to transport and land use planning; (x)
identify
the challenges that the National Transportation Policy seeks to address; and (xi)
address
any other matter deemed relevant by the Central Government.][135] No person who holds the permit issued
under this Act shall-- (a)
be
disqualified from applying for a licence under the scheme made under
sub-section (3) of section 67 or sub-section (1) of section 88A by reason of
holding such permit; and (b)
be
required to get such permit cancelled on being issued a licence under any
scheme made under this Act.][136] [137][(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)
promoting
effective competition among the transport service providers, may, from time to time, by notification in the Official
Gazette issue directions both to the State Transport Authority and Regional
Transport Authority regarding the passengers' convenience, economically
competitive fares, prevention of overcrowding and road safety.] (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. [138][Provided that
the State Government may subject to such conditions as it may deem fit, and
with a view to achieving the objectives specified in clause (d) of sub-section
(1), relax all or any of the provisions made under this Chapter.] [139][(3)
Notwithstanding anything contained in this Act, the State Government may, by
notification in the Official Gazette, modify any permit issued under this Act
or make schemes for the transportation of goods and passengers and
issue licences under such scheme for the promotion of development and
efficiency in transportation-- (a)
last
mile connectivity; (b)
rural
transport; (c)
reducing
traffic congestion; (d)
improving
urban transport; (e)
safety
of road users; (f)
better
utilisation of transportation assets; (g)
the
enhancement of economic vitality of the area, through competitiveness,
productivity and efficiency; (h)
the
increase in the accessibility and mobility of people; (i)
the
protection and enhancement of the environment; (j)
the
promotion of energy conservation; (k)
improvement
of the quality of life; (l)
enhance
integration and connectivity of the transportation system, across and between
modes of transport; and (m)
such
other matters as the Central Government may deem fit. (4) The scheme framed under sub-section (3), shall
specify the fees to be charged, form of application and grant of a licence
including the renewal, suspension, cancellation or modification of such
licence.][140] (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), being more than four and, in the case
of 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 a 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 of 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 coordinate 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. [141][(ca)
Government to formulate routes for plying stage carriages; and (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. (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. (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; (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. (1) A Regional Transport Authority shall, while considering an application
for a stage carriage permit, have regard to the objects of this Act. [142][***] (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; (ii)
co-operative societies registered or deemed to have been registered
under any enactment for the time being in force; [143][***] (iii)
ex-servicemen; 3[or] [144][(iv) any other class or category
of persons, as the State Government may, for reasons to be recorded in
writing, consider necessary.] [145][***] 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. (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 rule 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; (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 is 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 kilometres, and any
variation within such limits shall be made only after the Regional 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 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. [146][Provided
that the Regional Transport Authority may waive any such
condition for a stage carriage permit operating in a rural area, as it deems
fit.] 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. (1)
Subject to the provisions of subsection (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 motorcabs, 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
motorcabs, specified rates of hiring not exceeding specified maximum shall be
charged; (vii) that in the case of
motorcabs, a specified 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; (viii) that, in the case of
motorcabs, 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. [147][Provided that the
Regional Transport Authority may in the interests of last mile connectivity
waive any such condition in respect of any such types of vehicles as may be
specified by the Central Government.] (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. [148][(vii) self-help
groups.] (1)
The Central
Government may, by notification in the Official Gazette, make a scheme for the
purpose of regulating the business of renting of [149][motor
cabs or motor cycles to persons desiring to drive either by themselves or
through drivers, motor cabs or motor cycles] for their own use and for matters
connected therewith. (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. (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; (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. 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, maintenance 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. 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. (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. (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 he 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. (1)
An
application for a permit of any kind may be made at any time. (2)
A [150][Regional
Transport Authority, State Transport Authority or any prescribed authority
referred to in sub-section (1) of section 66] shall not ordinarily refuse to
grant an application for permit of any kind made at any time under this Act: Provided that the [151][Regional
Transport Authority, State Transport Authority or any prescribed authority
referred to in sub-section (1) of section 66] 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 [152][Regional Transport
Authority, State Transport Authority or any prescribed authority referred to in
sub-section (1) of section 66] 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 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 [153][Regional
Transport Authority, State Transport Authority or any prescribed authority
referred to in sub-section (1)
of section 66] 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. (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 [154][from
the date of issuance or renewal thereof] 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 may he, 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 refused. (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: 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. 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. 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 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. 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. (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 (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 subsection (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 canceling 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
subsection (5) of section 68, as if the said permit was a permit granted by any
such authority or persons. (1)
A Regional Transport Authority and the State
Transport Authority may without following the procedure laid down in section
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; (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. (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
region, 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 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 or 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 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, [155][grant
a special permit to any public service vehicle including any 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 [156][clause
(d) of sub-section (1) of section 87 and section 89] shall, as far as may be,
apply in relation to such permits. [157][***] (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 rule 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, [158][clause
(d) of sub-section (1) of section 87 and section 89] shall, as far as may be,
apply to or in relation to the grant of national permits. [159][***] (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 of the issue of a permit referred to in subsections
(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. (1)
Notwithstanding
anything contained in this Act, the Central Government may, by notification in
the Official Gazette, modify any permit issued under this Act or make schemes
for national, multimodal and inter-State transportation of goods or passengers,
and issue or modify licences under, such scheme for the following purposes,
namely:-- (a)
last mile
connectivity; (b)
rural
transport; (c)
improving
the movement of freight, and logistics; (d)
better
utilisation of transportation assets; (e)
the
enhancement to the economic vitality of the area, especially by enabling
competitiveness, productivity and efficiency; (f)
the increase
in the accessibility and mobility of people; (g)
the
protection and enhancement of the environment; (h)
the
promotion of energy conservation; (i)
improvement
of the quality of life; (j)
enhancement
of the integration and connectivity of the transportation system, across and
between modes of transport; and (k)
such other
matters as the Central Government may deem fit: Provided that the Central Government may, before taking any action under
this sub-section seek concurrence of the State Governments. (2)
Notwithstanding
anything contained in sub-section (1), two or more States may make schemes for
the operation within such States for the inter-State transportation of goods or
passengers: Provided that in the event of any repugnancy between the schemes made by
the Central Government under sub-section (1) and schemes made by two or more
States under this sub-section, the schemes made under sub-section (1) shall
prevail.][160] (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 (f)
aggrieved by
the refusal to grant permission under section 8 3, 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. [161][(2) The State Government shall constitute
such number of Transport Appellate Tribunals as it thinks fit and each such
Tribunal 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 the High Court and it shall
exercise jurisdiction within such area as may be notified by that Government.] (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 subsection (2) of section 63A of the
Motor Vehicles Act, 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. 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. [162][(1) The hours of
work of any person engaged for operating a transport vehicle shall be such as
provided in the Motor Transport Workers Act, 1961 (7 of 1961)]. (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 subsection (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). Any contract
for the conveyance of a passenger in a [163][transport
vehicle, in respect of which a permit or licence] 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. (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 customers for such vehicles, or (ii)
as an agent in
the business of collecting, forwarding or distributing goods carried by
goods carriages, [164][(iii) as an aggregator,] unless he has obtained a licence from such authority and subject to such
conditions as may be prescribed by the State Government. [165][Provided that
while issuing the licence to an aggregator the State Government may follow such
guidelines as may be issued by the Central Government: Provided further that every aggregator
shall comply with the provisions of the Information Technology Act, 2000 (21 of
2000) and the rules and regulations made there under.] (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; (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 provision
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.][166] No civil court
shall have jurisdiction to entertain any question relating to the grant of a
permit [167][or
licence issued under any scheme] 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 [168][or
licence issued under any scheme], shall be entertained by any Civil Court. (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
contravening 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 therefore; (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. (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 or permits; (v)
the issue of
copies of permits in place of permits lost, destroyed or mutilated; (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; (viii)
the exemption
of prescribed person 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)
[169][***] (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 carriages, 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 carriages 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 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 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 customers 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 [170][(xxxiia) framing
of schemes under sub-section (3) of section 67; (xxxiib) the
promotion of effective competition, passenger convenience and safety, competitive
fares and prevention of overcrowding;] (xxxiii) any other matter which is to be or may be prescribed. CHAPTER VI SPECIAL
PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 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. 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. [171][(1) 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 he 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. [172][(2)
Notwithstanding anything contained in sub-section (1), when a proposal is
published under that sub-section, then from the date of publication of such
proposal, no permit shall be granted to any person, except a temporary permit
during the pendency of the proposal and such temporary permit shall be valid
only for a period of one year from the date of its issue or till the date of
final publication of the scheme under section 100, whichever is earlier.] (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 the approved scheme under subsection
(3) was held up on account of any stay or injunction by the order of any Court
shall be excluded. 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. (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. (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; (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). STATE AMENDMENTS [173][Karnataka: [174][In section 103
of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), after sub-section
(1), the following shall be inserted, namely:- "(1A) It
shall be lawful for the State Transport undertaking to operate on any route as
stage carriage under any permit issued therefor to such undertaking under
sub-section (1), any vehicle placed at the disposal and under the control of
such undertaking by the owner of such vehicle under any arrangement entered
into between such owner and the undertaking for the use of the said vehicle by
the undertaking.] In section 103, after sub-section (1),
insert the following sub-section, namely:- "(1A) It
shall be lawful for the State Transport Undertaking to operate on any route as
stage carriage, under any permit issued therefore to such Undertaking under
sub-section (1), any vehicle placed at the disposal and under the control of
such Undertaking by the owner of such vehicle under any arrangement entered
into between such owner and the Undertaking for the use of the said vehicle by
the Undertaking."] [175][In Section 103 The following shall be inserted,
namely:- "(1A) It
shall be lawful for the State Transport undertaking to operate on any route as
stage carriage under any permit issued therefor to such undertaking under
sub-section (1), any vehicle placed at the disposal and under the control of
such undertaking by the owner of such vehicle under any arrangement entered
into between such owner and the undertaking for the use of the said vehicle by
the undertaking..] Uttar Pradesh: [176]In section 103,
after sub-section (1), the following sub-section shall be inserted,
namely:- "(1A) It
shall be lawful for a State transport undertaking to operate on any
route as stage carriage, under any permit issued therefore to such undertaking
under sub-section (1), any vehicle placed at the disposal and under the control
of such undertaking by the owner of such vehicle under any arrangement entered
into between such owner and the undertaking for the use of the said vehicle by
the undertaking." HARYANA: [177][After
sub-section (1) of section 103 of the Motor Vehicles Act, 1988, the following
sub-section shall be inserted, namely:- (1A) Notwithstanding
anything contained in this Act, State Transport Undertaking may operate on any
route as Stage Carriage under any permit issued thereof to such undertaking
under sub-section (1), any vehicle, placed at the disposal and under the
control of such undertaking by the owner of such vehicle under any arrangement,
entered into between such owner and the undertaking for the use of the said
vehicle by the undertaking.] 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. (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: 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:— Y x A 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. 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 prescribed manner and the sale
proceeds thereof, after deducting the costs incidental to sale, shall be paid
to the owner on demand. (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
rule may provide for all or any of the following matters, namely:— (a)
the form in
which any proposal regarding a scheme may he 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 subsection (3) of section 100; (e)
the manner in
which application under sub-section (1) of section 103 may he 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. 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. CHAPTER VII
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES (1)
Every
motor vehicle shall be so constructed and so maintained as to he 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 signaling device of a
prescribed nature. [178][(3) If the
Central Government is of the opinion that it is necessary or expedient so to
do, in public interest, it may by order published in the Official Gazette,
notify that any article or process used by a manufacturer shall conform to such
standard as may be specified in that order.] (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 overhand of vehicles and of the loads carried; [179][(b) the size,
nature, maximum retail price and condition of tyres, including embossing
thereon of date and year of manufacture, and the maximum load carrying
capacity;] (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 user; (k) standards of the components [180][,
including software,] 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; [181][(n) installation
of catalytic convenors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape
recorder type of devices in public vehicles; (p) warranty
after sate of vehicle and norms therefore:] 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 [182][and
such rules may lay down the procedure for investigation, the officers empowered
to conduct such investigations, the procedure for hearing of such matters and
the penalties to be levied there under]. [183][(2A)
Persons empowered under sub-section (2) to conduct investigations
referred to in sub-section (2) shall have all the powers of a civil court,
while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in
respect of the following matters, namely:-- (a)
summoning
and enforcing the attendance of any person and examining him on oath; (b)
requiring
the discovery and production of any document; (c)
receiving
evidence on affidavit; and (d)
any
other matter as may be prescribed.] (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. (1)
The
Central Government may, by order, direct a manufacturer to recall motor
vehicles of a particular type or its variants, if-- (a)
a
defect in that particular type of motor vehicle may cause harm to the
environment or to the driver or occupants of such motor vehicle or other road
users; and (b)
a
defect in that particular type of motor vehicle has been reported to the
Central Government by-- (i)
such
percentage of owners, as the Central Government, may by notification in the
Official Gazette, specify; or (ii)
a
testing agency; or (iii)
any
other source. (2)
Where
the defect referred to in sub-section (1) lies in a motor vehicle component,
the Central Government may, by order, direct a manufacturer to recall all motor
vehicles which contain such component, regardless of the type or variants of
such motor vehicle. (3)
A
manufacturer whose vehicles are recalled under sub-section (1) or sub-section
(2), shall-- (a)
reimburse
the buyers for the full cost of the motor vehicle, subject to any hire-purchase
or lease-hypothecation agreement; or (b)
replace
the defective motor vehicle with another motor vehicle of similar or better
specifications which complies with the standards specified under this Act or
repair it; and (c)
pay
such fines and other dues in accordance with sub-section (6). (4)
Where
a manufacturer notices a defect in a motor vehicle manufactured by him, he
shall inform the Central Government of the defect and initiate recall
proceedings and in such case the manufacturer shall not be liable to pay fine
under sub-section (3). (5)
The
Central Government may authorise any officer to conduct investigation under
this section who shall have all the powers of a civil court, while trying a
suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the
following matters, namely:-- (a)
summoning
and enforcing the attendance of any person and examining him on oath; (b)
requiring
the discovery and production of any document; (c)
receiving
evidence on affidavit; and (d)
any
other matter as may be prescribed. (6)
The
Central Government may make rules for regulating the recall of motor vehicles,
of a particular type or its variants, for any defect which in the opinion of
the Central Government, may cause harm to
the environment or to the driver or occupants of such motor vehicle or to other
road users.][184] (1) No motor vehicle,
including a trailer or semi-trailer or modular hydraulic trailer or side car
shall be sold or delivered or offered for sale or delivery or used in a public
place in India unless a type-approval certificate referred to in sub-section
(2) has been issued in respect of such vehicle: Provided that the Central Government
may, by notification in the Official Gazette, extend the requirement of
type-approval certificate to other vehicles drawn or intended to be drawn by a
motor vehicle: Provided further that such certificate
shall not be required for vehicles which are-- (a)
intended
for export or display or demonstration or exhibition; or (b)
used
by a manufacturer of motor vehicles or motor vehicle components or a research
and development centre or a test by agency for testing and validation or for
data collection, inside factory premises or in a non-public place; or (c)
exempted
by the Central Government. (2)
The
manufacturer or importer of motor vehicles including trailers, semi-trailers,
modular hydraulic trailers and side cars shall submit the prototype of the
vehicle to be manufactured or imported for test to a testing agency for
obtaining a type-approval certificate by such agency. (3)
The
Central Government shall make rules for the accreditation, registration and
regulation of testing agencies. (4)
The
testing agencies shall conduct tests on vehicles drawn from the production line
of the manufacturer or obtained otherwise to verify the conformity of such
vehicles to the provisions of this Chapter and the rules and regulations made
there under. (5)
Where
the motor vehicle having a type-approval certificate is recalled under section
110A, the testing agency which granted the certificate to such motor vehicle
shall be liable for its accreditation and registration to be cancelled.][185] (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 [186][and
fees to be charged for such test]; (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 [187][***] CHAPTER VIII CONTROL
OF TRAFFIC (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). (1)
The
State Government may prescribe the conditions for the issue of permits for [188][transport
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. (1)
[189][Any officer of
the Motor Vehicles Department [190][or
any other person authorised in this behalf by the State Government] shall, 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. 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 the 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. (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. [191][(1A) Notwithstanding anything
contained in sub-section (1), the National Highways Authority of India
constituted under the National Highways Authority of India Act, 1988 (68 of
1988) or any other agency authorised by the Central Government, may cause or
permit traffic signs, as provided in the First Schedule, to be placed or
erected or removed on national highways for the purpose of regulating motor
vehicle traffic and may order the removal of any sign or advertisement which in
its opinion is so placed as to obscure any traffic sign from view or is so
similar in appearance to a traffic sign as to mislead or is likely to distract
the attention or concentration of the driver: Provided that for
the purposes of this sub-section, the National Highway Authority of India or
any other agency authorised by the Central Government may seek assistance from
the authorities of the State Government and the said State Government shall
provide such assistance.] (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 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) [192][or
sub-section (1A)], 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 in his opinion is
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
willfully 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 [193][the
First 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, [194][the
First Schedule] shall be deemed to be amended accordingly. 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. [195][Provided that
the State Government or the authorised authority shall, give primacy to the
safety of road users and the free flow of traffic in determining such places: Provided further that for the purpose
of this section the National Highways Authority of India, constituted under the
National Highways Authority of India Act, 1988 (68 of 1988) or any other agency
authorised by the Central Government, may also determine such places.] The Central Government may, by
notification in the Official Gazette, make regulations for the driving of motor
vehicles. (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 [196][the
First Schedule], or any traffic sign of similar form (that is to say,
consisting of or including a circular disc displaying a device, word or figure
and having a red ground or border) placed or erected for the purpose of
regulating motor vehicle traffic under sub-section (1) of section 116. 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. 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. 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. (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 or on the bonnet of a
motor vehicle. 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, he 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; (b)
"ticket"
includes a single ticket, a return ticket or a season ticket. 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. 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. [197][(1) Where any
motor vehicle is abandoned or left unattended on a public place for ten hours
or more or is parked in a place where parking is legally prohibited, its
removal by a towing service or its immobilisation by any means including wheel
clamping may be authorised by a police officer in uniform 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 [198][public
place], or its physical appearance is causing the impediment to the traffic,
its immediate removal from the 2[public place] 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. (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. Every person, above four years of age,
driving or riding or being carried on a motorcycle of any class or description
shall, while in a public place, wear protective headgear conforming to such
standards as may be prescribed by the Central Government: Provided that the provisions of this
section shall not apply to a person who is a Sikh, if, while driving or riding
on the motorcycle, in a public place, he is wearing a turban: Provided further that the Central
Government may by rules provide for measures for the safety of children below
four years of age riding or being carried on a motorcycle. 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 motorcycle 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.][199] (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. [200][(2) The
conductor, if any, of a motor vehicle on any public place shall on demand by
any officer of the Motor Vehicles Department authorised in this behalf, produce
the licence for examination.] [201][(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, on demand
by a registering authority or any other officer of the Motor Vehicles
Department duly authorised in this behalf, produce 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; and if any or
all of the certificates or the permit are not in his possession, he shall,
within fifteen days from the date of demand, submit photo copies of the same,
duly attested in person or send the same by registered post to the officer who
demanded it, 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. 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. (1)
The
driver of a motor vehicle shall cause the vehicle to stop and remain stationary
so long as [202][may
for such reasonable time as may be necessary, but not exceeding twenty-four
hours],- [203][(a) when
required to do so by any police officer not below the rank of a Sub-Inspector
in uniform, in the event of the vehicle being involved in the occurrence
of an accident to a person, animal or vehicle or of damage to property,
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, 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. [204][***] (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 given 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. 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. 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, [205][by
conveying him to the nearest medical practitioner or hospital, and it shall be
the duty of every registered medical practitioner or the doctor on the duty in
the hospital immediately to attend to the injured person and render medical aid
or treatment without waiting for any procedural formalities], 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; [206][(c)
give the following information in writing to the insurer, who has
issued the certificates of insurance, about the occurrence of the accident,
namely:- (i)
insurance
policy number and period of its validity; (ii)
date,
time and place of accident; (iii)
particulars
of the persons injured or killed in the accident; (iv)
name
of the driver and the particulars of his driving licence. Explanation. - For the purposes of
this section the expression "driver" includes the owner of the
vehicle.] (1)
A
Good Samaritan shall not be liable for any civil or criminal action for any
injury to or death of the victim of an accident involving a motor vehicle,
where such injury or death resulted from the Good Samaritan's negligence in
acting or failing to act while rendering emergency medical or non-medical care
or assistance. (2)
The
Central Government may by rules provide for the procedure for questioning or
examination of the Good Samaritan, disclosure of personal information of the
Good Samaritan and such other related matters. Explanation.-- For the purposes of this section, "Good
Samaritan" means a person, who in good faith, voluntarily and without
expectation of any reward or compensation renders emergency medical or
non-medical care or assistance at the scene of an accident to the victim or
transports such victim to the hospital.][207] (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; [208][***] (d)
truck parking
complexes along [209][highways;
and]. [210][(e) any other amenities in the interests of the safety and the
convenience of the public.] (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. [211][(3) The Central Government may, by notification in the Official
Gazette, make one or more schemes to conduct in-depth studies on the causes and
analysis of road accidents.] 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 [212][after
completion of the formalities to the owner, driver or the person in charge of
the vehicle within twenty-four hours]. (1)
The
State Government shall ensure electronic monitoring and enforcement of road
safety in the manner provided under sub-section (2) on national highways, state
highways, roads or in any urban city within a State which has a population up
to such limits as may be prescribed by the Central Government. (2)
The
Central Government shall make rules for the electronic monitoring and
enforcement of road safety including speed cameras, closed-circuit television
cameras, speed guns, body wearable cameras and such other technology. Explanation.-- For the purpose of this section the expression "body
wearable camera" means a mobile audio and video capture device worn on the
body or uniform of a person authorised by the State Government.][213] 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; [214][(aa) providing for the standards of protective headgear and measures
for the safety of children below the age of four years riding under section
129;] (b)
the manner in
which the licences and certificates may be produced to the police officer under
section 130. [215][(c) providing for limits of urban city by the State Governments under
sub-section (1) of section 136A; and (d) providing for electronic
monitoring and enforcement under sub-section (2) of section 136A.] (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. [216][(1A) The State
Government may, in the interest of road safety, make rules for the purposes of
regulating the activities and access of non-mechanically propelled vehicles and
pedestrians to public places and
national highways: Provided that in
the case of national highways, such rules shall be framed in consultation with
the National Highways Authority of India.] (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 road; (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 obstruction to traffic; and (j)
any other
matter which is to be, or may be, prescribed. CHAPTER IX MOTOR
VEHICLES TEMPORARILY LEAVING OR VISITING INDIA (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 or
the provisions of this Act [other than those referred to in subsection
(4)] of 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; (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 subsection (2) apply. CHAPTER X [LIABILITY WITHOUT FAULT IN
CERTAINCASES]. [217][***] [218][***] [219][***] [220][***] [221][***] [222][***] CHAPTER XI [223][INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS] In this Chapter,-- (a)
"authorised
insurer" means an insurer for the time being carrying on general insurance
business in India and granted a certificate of registration by the Insurance
Regulatory and Development Authority of India established under section
3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of
1999) and any Government insurance fund authorised to do general insurance
business under the General Insurance Business (Nationalisation) Act, 1972 (57
of 1972); (b)
"certificate
of insurance" means a certificate issued by an authorised insurer in
pursuance 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)
"grievous
hurt" shall have the same meaning as assigned to it in section
320 of the Indian Penal Code (45 of 1860); (d)
"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; (e)
"Insurance
Regulatory and Development Authority" means the Insurance Regulatory and
Development Authority established under section 3 of the Insurance
Regulatory and Development Authority Act, 1999 (41 of 1999); (f)
"policy
of insurance" includes certificate of insurance; (g)
"property"
includes roads, bridges, culverts, causeways, trees, posts, milestones and
baggage of passengers and goods carried in any motor vehicle; (h)
"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 Act; (i)
"third
party" includes the Government, the driver and any other co-worker on a
transport vehicle.][224] (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: Provided that in the case of a vehicle
carrying, or meant to carry, dangerous or hazardous goods, there shall also be
a policy of insurance under the Public Liability Insurance Act, 1991 (6 of
1991). Explanation.-- For the purposes of this sub-section, a person driving a
motor vehicle merely as a paid employee, while there is in relation to the use
of the vehicle no such policy in force 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)
The
provisions of sub-section (1) shall not apply to any vehicle owned by the
Central Government or a State Government and used for purposes not connected
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 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 such manner as may be prescribed by
appropriate Government. 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.][225] (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 including owner of the goods or his authorised
representative carried in the motor vehicle or damage to any property of a
third party caused by or arising out of the use of the motor vehicle in a
public place; (ii)
against
the death of or bodily injury to any passenger of a transport vehicle, except
gratuitous passengers of a goods vehicle, caused by or arising out of the use
of the motor vehicle in a public place. Explanation.-- For the removal of doubts, it is hereby clarified that the
death of or bodily injury to any person or damage to any 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)
Notwithstanding
anything contained under any other law for the time being in force, for the
purposes of third party insurance related to either death of a person or
grievous hurt to a person, the Central Government shall prescribe a base
premium and the liability of an insurer in relation to such premium for an
insurance policy under sub-section (1) in consultation with the Insurance
Regulatory and Development Authority. (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)
Notwithstanding
anything contained in this Act, a policy of Insurance issued before the
commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on
the existing terms under the contract and the provisions of this Act shall
apply as if this Act had not been amended by the said Act. (5)
Where
a cover note issued by the insurer under the provisions of this Chapter or the
rules or regulations made there under is not followed by a policy of insurance
within the specified 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 or to such other authority as the State Government may
prescribe. (6)
Notwithstanding
anything contained in any other 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.][226] Where, in pursuance of an arrangement
between India and any reciprocating country, the 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 for the time being in force in that
country, then, notwithstanding anything contained in section 147 but subject to
any rules which may be made under section 164B 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.][227] (1)
The
insurance company shall, upon receiving information of the accident, either
from claimant or through accident information report or otherwise, designate an
officer to settle the claims relating to such accident. (2)
An
officer designated by the insurance company for processing the settlement of
claim of compensation may make an offer to the claimant for settlement before
the Claims Tribunal giving such details, within thirty days and after following
such procedure as may be prescribed by the Central Government. (3)
If,
the claimant to whom the offer is made under sub-section (2),-- (a)
accepts
such offer,-- (i)
the
Claims Tribunal shall make a record of such settlement, and such claim shall be
deemed to be settled by consent; and (ii)
the
payment shall be made by the insurance company within a maximum period of
thirty days from the date of receipt of such record of settlement; (b)
rejects
such offer, a date of hearing shall be fixed by the Claims Tribunal to
adjudicate such claim on merits.][228] (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) or under the provisions of
section 164 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 award any sum
not exceeding the sum assured payable there under, as if that person were the
decree holder, 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 its execution is stayed 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 two-wheeled vehicle; or (ii)
a
condition excluding driving by a named person or by any person who is not duly
licenced or by any person who has been disqualified for holding or obtaining a
driving licence during the period of disqualification or driving under the
influence of alcohol or drugs as laid down in section 185; 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 nondisclosure of any
material fact or by representation of any fact which was false in some material
particular; or (c)
that
there is non-receipt of premium as required under section 64VB of the
Insurance Act, 1938 (4 of 1938). (3)
Where
any such judgment or award as is referred to in sub-section (1) is obtained
from a court in a reciprocating country and in the case of 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 that person 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 or award were given by a court in India: Provided that no sum shall be payable
by the insurer in respect of any such 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 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 condition other than those in 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. (5)
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. (6)
If on
the date of filing of any claim, the claimant is not aware of the insurance
company with which the vehicle had been insured, it shall be the duty of the
owner of the vehicle to furnish to the tribunal or court the information as to
whether the vehicle had been insured on the date of the accident, and if so,
the name of the insurance company with which it is insured. Explanation.-- For the purposes of this section,-- (a)
"award"
means an award made by the Claims Tribunal under section 168; (b)
"Claims
Tribunal" means a Claims Tribunal constituted under section 165; (c)
"liability
covered by the terms of the policy" means the 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; and (d)
"material
fact" and "material particular" mean, respectively, a fact or
particular of such a nature as to influence the judgment of a prudent insurer
in determining whether he shall take the risk and, if so, at what premium and
on what conditions.][229] (1)
Where
under any contract of insurance affected in accordance with the provisions of
this Chapter, a person is insured against liabilities which he may incur to
third party, 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, if, 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 there under 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
amount; 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 amount.][230] (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 an 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, on 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 provision 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 151 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 there under 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.][231] (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)
The
Claims Tribunal shall ensure that the settlement is bona fide and was not made
under undue influence and the compensation is made in accordance with the
payment schedule referred to in sub-section (1) of section 164. (3)
Where
a person who is insured under a policy issued for the purpose 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 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.][232] (1)
For
the purposes of sections 151, 152 and 153, 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 151, 152 and 153 shall not apply where a company is
wound-up voluntarily merely for the purposes of reconstruction or of an
amalgamation with another company.][233] 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 such event against his estate or against the
insurer.][234] 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 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.][235] (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. Explanation.-- For the removal of doubts, it is hereby clarified that such
deemed transfer shall include transfer of rights and liabilities of the said
certificate of insurance and policy of insurance. (2) The transferee
shall apply within [236][thirty
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.][237] (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
pollution under control certificate; (d)
the
driving licence; (e)
in
the case of a transport vehicle, also the certificate of fitness referred to in
section 56, and the permit; and (f)
any
certificate or authorisation of exemption that has been granted under this Act, relating to the use of the vehicle. (2)
Where,
owing to the presence of a motor vehicle in a public place, an accident occurs
involving death or bodily injury to another person, if the driver of the
vehicle does not at that time produce the required certificate, driving licence
and permit referred to in sub-section (1) to a police officer, he or the owner shall
produce the said certificates, licence and permit at the police station at
which the driver makes the report required by section 134. (3)
No
person shall be liable to conviction for offences under sub-section (1) or
sub-section (2) by reason of the failure to produce the required certificate
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 for the purpose of determining whether the vehicle was or was not
being driven in contravention of section 146 and on any occasion when the
driver was required under this section to produce the certificate of insurance. (5)
In
this section, the expression "produce the certificate of insurance"
means production for examination the relevant certificate of insurance or such
other evidence as may be prescribed to prove that the
vehicle was not being driven in contravention of section 146.][238] The police officer shall, during the
investigation, prepare an accident information report to facilitate the settlement
of claim in such form and manner, within three months and containing such
particulars and submit the same to the Claims Tribunal and such other agency as
may be prescribed.][239] [240][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 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.] (1)
Notwithstanding
anything contained in any other law for the time being in force or any
instrument having the force of law, the Central Government shall provide for
paying in accordance with the provisions of this Act and the scheme made under
sub-section (3), compensation in respect of the death of, or grievous hurt to,
persons resulting from hit and run motor accidents. (2)
Subject
to the provisions of this Act and the scheme made under sub-section (3), 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 two lakh rupees or such higher amount as may be prescribed by
the Central Government; (b)
in
respect of grievous hurt to any person resulting from a hit and run motor
accident, a fixed sum of fifty thousand rupees or such higher amount as may be
prescribed by the Central Government. (3)
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 Central
Government or General Insurance Council, 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 under this
section. (4)
A
scheme made under sub-section (3) may provide that,-- (a)
a
payment of such sum as may be prescribed by the Central Government as interim
relief to any claimant under such scheme; (b)
a contravention of any provision
thereof shall be [241][liable
to penalty which shall not be less than one lakh rupees but which may extend to
five lakh rupees]; (c)
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 Central
Government, by such officer or authority to any other officer or authority.][242] (1)
Notwithstanding
anything contained in the General Insurance Companies (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 insurance companies for the time being
carrying on general insurance business in India shall
provide in accordance with the provisions of this Act and the schemes made
under this Act for treatment of road accident victims, including during the
golden hour. (2)
The
Central Government shall make a scheme for the cashless treatment of victims of
the accident during the golden hour and such scheme may contain provisions for
creation of a fund for such treatment.][243] (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 for the time being in
force 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 under
any provision of this Act other than section 161 or any other law for the time
being in force, the Claims 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 purpose 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.][244] (3)
[245][Notwithstanding anything contained in sub-section
(1), ex gratia payments awarded or received in respect of the death of, or
grievous hurt, to any person, shall not be liable to be refunded to the Motor
Vehicle Accident Fund constituted under section 164B.] [248][***] (1)
Notwithstanding
anything contained in this Act or in any other law for the time being in force
or instrument having the force of law, the owner of the motor vehicle or the
authorised insurer shall be liable to pay in the case of death or grievous hurt
due to any accident arising out of the use of motor vehicle, a compensation, of
a sum of five lakh rupees in case of death or of two and a half lakh rupees in
case of grievous hurt to the legal heirs or the victim, as the case may be. (2)
In
any claim for compensation under sub-section (1), the claimant shall not be
required to plead or establish that the death or grievous hurt in respect of
which the claim has been made was due to any wrongful act or neglect or default
of the owner of the vehicle or of the vehicle concerned or of any other person. (3)
Where,
in respect of death or grievous hurt due to an accident arising out of the use
of motor vehicle, compensation has been paid under any other law for the time
being in force, such amount of compensation shall be reduced from the amount of
compensation payable under this section.][249] (4) [250][Notwithstanding
anything contained in sub-section (3), ex gratia payments received in respect
of death or grievous hurt due to an accident arising out of the use of motor
vehicle, shall not be liable to be reduced from the amount of compensation
payable under this section. Explanation.-- For the purposes of
section 163 and this section, the expression "grievous hurt" shall be
as referred to in section 116 of the Bharatiya Nyaya Sanhita, 2023 (45 of
2023).] (1)
The
Central Government, may make schemes for the provision of interim relief to
claimants praying for compensation under this Chapter. (2)
A
scheme made under sub-section (1) shall also provide for procedure to recover
funds disbursed under such scheme from the owner of the motor vehicle, where
the claim arises out of the use of such motor vehicle or other sources as may
be prescribed by the Central Government.][251] (1)
The
Central Government shall constitute a Fund to be called the Motor Vehicle
Accident Fund and thereto shall be credited-- (a)
payment
of a nature notified and approved by the Central Government; (b)
any
grant or loan made to the Fund by the Central Government; (c)
the
balance of the Fund created under scheme framed under section 163, as it stood
immediately before the commencement of the Motor Vehicles (Amendment) Act,
2019; and (d)
any
other source of income as may be prescribed by the Central Government. (2)
The
Fund shall be constituted for the purpose of providing compulsory insurance
cover to all road users in the territory of India. (3)
The
Fund shall be utilised for the following, namely:-- (a)
treatment
of the persons injured in road accidents in accordance with the scheme framed
by the Central Government under section 162; (b)
compensation
to representatives of a person who died in hit and run motor accident in
accordance with schemes framed under section 161; (c)
compensation
to a person grievously hurt in a hit and run motor accident in accordance with
schemes framed under section 161; and (d)
compensation
to such persons as may be prescribed by the Central Government. (4)
The
maximum liability amount that shall be paid in each case shall be such as may
be prescribed by the Central Government. (5)
In
all cases specified in clause (a) of sub-section (3), when the claim of such
person becomes payable, where amount has been paid out of this Fund to any
person, the same amount shall be deductible from the claim received by such
person from the insurance company. (6)
The
Fund shall be managed by such authority or agency as the Central Government may
specify having regard to the following:-- (a)
knowledge
of insurance business of the agency; (b)
capability
of the agency to manage funds; and (c)
any
other criteria as may be prescribed by the Central Government. (7)
The
Central Government shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts of the Fund in such form as may be prescribed
by the Central Government in consultation with the Comptroller and
Auditor-General of India. (8)
The
accounts of the Fund shall be audited by the Comptroller and Auditor-General of
India at such intervals as may be specified by him. (9)
The
Comptroller and Auditor-General of India or any person appointed by him in
connection with the audit of the accounts of the Fund under this Act shall have
the same rights, privileges and authority in connection with such audit of the
Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Authority. (10)
The
accounts of the Fund, as certified by the Comptroller and Auditor-General of
India or any other person appointed by him in this behalf, together with the
audit report thereon, shall be forwarded annually to the Central Government and
the Central Government shall cause the same to be laid before each House of the
Parliament. (11)
Any scheme
framed under sub-section (3) of section 161, as it stood immediately before the
commencement of the Motor Vehicles (Amendment) Act, 2019, shall be discontinued
and all rights and liabilities accruing there under shall be met out of the
Fund with effect from the date of commencement of this Act.][252] (1)
The
Central Government may make rules for the purposes 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
forms to be used for the purposes of this Chapter including,-- (i)
the
form of the insurance policy and the particulars it shall contain as referred
to in sub-section (3) of section 147; (ii)
the
form for making changes in regard to the fact of transfer in the certificate of
insurance under sub-section (2) of section 157; (iii)
the
form in which the accident information report may be prepared, the particulars
it shall contain, the manner and the time for submitting the report to the
Claims Tribunal and the other agency under section 159; (iv)
the
form for furnishing information under section 160; and (v)
the
form of the annual statement of accounts for the Motor Vehicle Accident Fund
under sub-section (7) of section 164B; (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; (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
requirements which a certificate of insurance is required to comply with as
referred to in clause (b) of section 145; (j)
administration
of the Fund established under sub-section (3) of section 146; (k)
the
minimum premium and the maximum liability of an insurer under sub-section (2)
of section 147; (l)
the
conditions subject to which an insurance policy shall be issued and other
matters related thereto as referred to in sub-section (3) of section 147; (m)
the
details of settlement, the time limit for such settlement and the procedure
thereof under sub-section (2) of section 149; (n)
the
extent of exemptions and the modifications under the proviso to sub-section (3)
of section 158; (o)
the
other evidence under sub-section (5) of section 158; (p)
such
other agency to which the accident information report as referred to in section
159 may be submitted; (q)
the
time limit and fee for furnishing information under section 160; (r)
the
higher amount of compensation in respect of death under clause (a) of
sub-section (2) of section 161; (s)
a sum
to be paid as interim relief as referred to in clause (a) of sub-section (4) of
section 161; (t)
the
procedure for payment of compensation under sub-section (1) of section 164; (u)
such other
sources from which funds may be recovered for the scheme as referred to in
sub-section (2) of section 164A; (v)
any
other source of income that may be credited into the Motor Vehicle Accident
Fund under sub-section (1) of section 164B; (w)
the
persons to whom compensation may be paid under clause (d) of sub-section (3) of
section 164B; (x)
the
maximum liability amount under sub-section (4) of section 164B; (y)
the
other criteria under clause (c) of sub-section (6) of section 164B; (z)
any
other matter which is to be, or may be, prescribed or in respect of which
provision is to be made by rules.][253] (1)
The
State Government may make rules for the purposes of carrying into effect, the
provisions of this Chapter other than the matters specified in section 164C. (2)
Without
prejudice to the generality of the foregoing power, such rules may provide
for-- (a)
the
other authority under sub-section (5) of section 147; and (b)
any
other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules.][254] CHAPTER XII CLAIMS
TRIBUNALS (1)
A
State Government may, by notification in the Official Gazette, constitute one
or more Motor Accidents Claims Tribunals thereafter 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 [255][section
164]. (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 High Court Judge [256][or
as a District Judge]. (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. (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: 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. [257][Provided further
that where a person accepts compensation under section 164 in accordance with
the procedure provided under section 149, his claims petition before the Claims
Tribunal shall lapse.] [258][(2) Every
application under sub-section (1) shall be made, at the option of the claimant,
either to the Claims Tribunal having jurisdiction over the area in which the
accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction
the claimant resides or carries on business or within the local limits of whose
jurisdiction the defendant resides, and shall be in such form and contain such
particulars as may be prescribed: [259][***] [260][(3) No
application for compensation shall be entertained unless it is made within six
months of the occurrence of the accident.] [261][Provided that the Claims Tribunal may entertain an
application for compensation after the expiry of the said period of six months
from the date of occurrence of the accident, but within a further period not
exceeding twelve months, if it is satisfied that the applicant was prevented by
sufficient cause from making an application within such period.] [262][***] [263][(4) The Claims
Tribunal shall treat any report of accidents forwarded to it under [264][section
159] as an application for compensation under this Act.] [265][(5)
Notwithstanding anything in this Act or any other law for the time being in
force, the right of a person to claim compensation for injury in an accident
shall, upon the death of the person injured, survive to his legal
representatives, irrespective of whether the cause of death is relatable to or
had any nexus with the injury or not.] 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 [266][***]
claim such compensation under either of those Acts but not under both. (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 [267][section
163] 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: [268][***] (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. (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. (4)
[269][The
application for compensation made under section 166 shall be dealt with by the
Claims Tribunal as expeditiously as possible and endeavour shall be made by it
to dispose of the application within a period of twelve months from the date of
receipt of the application: Provided that
where any such application could not be disposed of within the said period of
twelve months, the Claims Tribunal shall record its reasons in writing for not
disposing of the application within that period.] (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 and matter relevant to the inquiry to assist it
in holding the inquiry. [270][(4) For the purpose of enforcement of its award, the Claims Tribunal
shall also have all the powers of a Civil Court in the execution of a decree
under the Code of Civil Procedure, 1908 (5 of 1908), as if the award were a
decree for the payment of money passed by such court in a civil suit.] 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 imp leaded as a party to
the proceeding and the insurer so imp leaded shall thereupon have, without
prejudice to the provisions contained in sub-section (2) of [271][section
150], 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. 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. (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, such Tribunal may
make an order for the payment, by the party who is guilty of misrepresentation
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
misrepresentation, 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
misrepresentation, claim or defence, shall be taken into account in any
subsequent suit for damages for compensation in respect of such
misrepresentation, claim or defence. (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 [272][one
lakh] rupees. 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. 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 Court. 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 application; (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
by preferred against an award of a Claims Tribunal; and (e)
any
other matter which is to be, or may be, prescribed. [273][ Whoever contravenes any provision of this Act or
of any rule, regulation or notification made thereunder shall, if no fine or
penalty is provided for the offence, for the first contravention be issued a
warning recorded in such manner as may be prescribed by the Central Government,
and for any second or subsequent contravention with penalty which shall not be
less than five hundred rupees, but may extend to one thousand and five hundred
rupees.]. [274][(1) Whoever
contravenes the regulations made under section 118 shall, for the first
contravention be issued a warning recorded in such manner as may be prescribed
by the Central Government, and for any second or subsequent contravention with
penalty which shall not be less than five hundred rupees, but may extend to one
thousand rupees. (2) Notwithstanding anything contained in
sub-section (1), if any contravention of regulations made under section 118 is
also an offence punishable with penalty or fine under any other provision of
this Act, the penalty or fine imposed only under such other provision shall be
applicable.]][275] CHAPTER
XIII OFFENCES, PENALTIES AND PROCEDURE (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 therefore, shall be [276][liable for a penalty] 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 willfully 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 willfully or negligently fails or refuses to do so, he shall be [277][liable for a penalty]which may extend to five hundred rupees. (3)
If the holder
of a permit or the driver of a contract carriage [278][while being on duty] 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 [279][liable for a penalty] which may extend to fifty rupees; and (b)
in any other
case, be [280][liable for a penalty] which may extend to [281][five
hundred rupees]. (1)
Whoever
willfully 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 [282][liable to penalty] which may extend to [283][two
thousand rupees]. (2)
Whoever, being
required by or under this Act to supply any information, willfully 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 [284][ provided for the contravention,
be liable to penalty which shall not be less than five hundred rupees but which
may extend to two thousand rupees]. Whoever, 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 he punishable with imprisonment for a term which may extend
to three months, or with fine [285][of
five thousand rupees], or with both. 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 [286][of
five thousand rupees], or with both. (1)
Whoever, being
disqualified under this Act for holding or obtaining a driving licence drives a
motor vehicle in a public place of 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 [287][of
ten thousand rupees] or with both, and any driving licence 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 [288][liable to penalty of ten
thousand rupees], and any conductor's licence so
obtained by him shall be of no effect. (1)
Whoever,
being a manufacturer, importer or dealer of motor vehicles, sells or delivers
or alters or offers to sell or deliver or alter, a motor vehicle that is in
contravention of the provisions of Chapter VII or the rules and regulations
made there under, shall be punishable with imprisonment for a term which may
extend to one year, or with fine of one lakh rupees per such motor vehicle or
with both: Provided that no person shall be
convicted under this section if he proves that, at the time of sale or delivery
or alteration or offer of sale or delivery or alteration of such motor vehicle,
he had disclosed to the other party the manner in which such motor vehicle was
in contravention of the provisions of Chapter VII or the rules and regulations
made there under. (2)
Whoever,
being a manufacturer of motor vehicles, fails to comply with the provisions of
Chapter VII or the rules and regulations made there under, shall be punishable
with imprisonment for a term which may extend to one year or with fine which
may extend to one hundred crore rupees or with both. (3)
Whoever,
sells or offers to sell, or permits the sale of any component of a motor
vehicle which has been notified as a critical safety component by the Central
Government and which does not comply with Chapter VII or the rules and
regulations made there under shall be punishable with imprisonment for a term
which may extend to one year or with fine of one lakh rupees per such component
or with both. (4)
Whoever,
being the owner of a motor vehicle, alters a motor vehicle, including by way of
retrofitting of motor vehicle parts, in a manner not permitted under the Act or
the rules and regulations made there under shall be punishable with
imprisonment for a term which may extend to six months, or with fine of five
thousand rupees per such alteration or with both.][289] Whoever contravenes the provisions of
section 62A, shall be [291][liable for a penalty] which shall not
be less than five thousand rupees, but may extend to ten thousand rupees.][292] (1)
Whoever
drives [293][or
causes any person who is employed by him or subjects someone under his control
to drive] a motor vehicle in contravention of the speed limits referred to in
section 112 shall be punishable [294][in the following
manner, namely:-- (i)
where
such motor vehicle is a light motor vehicle with fine which shall not be less
than one thousand rupees but may extend to two thousand rupees; (ii)
where
such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a
heavy goods vehicle or a heavy passenger vehicle with fine which shall not be
less than two thousand rupees, but may extend to four thousand rupees; and (iii)
for
the second or any subsequent offence under this sub-section the driving licence
of such driver shall be impounded as per the provisions of the sub-section (4) of
section 206.] [295][***] (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 [296][or
electronic] 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 [297][sub-section
(1)]. Whoever drives
a motor vehicle at a speed or in a manner which is dangerous to the
public, [298][or
which causes a sense of alarm or distress to the occupants of the vehicle,
other road users, and persons near roads,] having regard to all the
circumstances of the 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 [299][which
may extend to one year but shall not be less than six months or with fine which
shall not be less than one thousand rupees but may extend to five thousand
rupees, or with both], 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 [300][of
ten thousand rupees], or with both. [301][Explanation.-- For the purpose of this section,-- (a)
jumping
a red light; (b)
violating
a stop sign; (c)
use
of handheld communications devices while driving; (d)
passing
or overtaking other vehicles in a manner contrary to law; (e)
driving
against the authorised flow of traffic; or (f)
driving
in any manner that falls far below what would be expected of a competent and
careful driver and where it would be obvious to a competent and careful driver
that driving in that manner would be dangerous, shall amount to
driving in such manner which is dangerous to the public.] Whoever, while
driving, or attempting to drive, a motor vehicle,- [302][(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood
detected in a test by a breath analyser, [303][or
in any other test including a laboratory test,] or] (b) is under this 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 [304][of
ten thousand rupees], or with both; and for a second or subsequent
offence, [305][***]
with imprisonment for a term which may extend to two years, or with fine [306][of
fifteen thousand rupees], or with both. [307][Explanation.-- For
the purposes of this section, the expression "drug" means any
intoxicant other than alcohol, natural or synthetic, or any natural material or
any salt, or preparation of such substance or material as may be notified by
the Central Government under this Act and includes a narcotic drug and
psychotropic substance as defined in clause (xiv) and clause (xxiii)
of section 2 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (61 of 1985).] 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 [308][liable for the first
contravention with penalty] which may
extend to [309][one
thousand rupees] and for a second or [310][subsequent contravention
with penalty] which may extend to [311][two
thousand rupees]. Whoever fails
to comply with the provisions of clause [312][(a)]
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 [313][six
months], or with fine [314][of
five thousand 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 [315][one
year], or with fine [316][of
ten thousand rupees], or with both. Whoever abets
the commission of an offence under section 184 or section 185 or section 186
shall be punishable with the punishment provided for the offence. 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 [317][three
months], or with a fine [318][of
five thousand rupees], or with both [319][and
for a subsequent offence shall be punishable with imprisonment for a term which
may extend to one year, or with fine of ten thousand rupees; or with both.]. [320][(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 liable for penalty of five thousand 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 six months, or with fine of five
thousand rupees, or with both; and for a subsequent offence shall be punishable
with imprisonment for a term which may extend to one year, or with a fine of
ten thousand rupees, for bodily injury or damage to property. (2) Any person who drives or causes or allows to be driven, in any
public place a motor vehicle, which violates the standards prescribed,-- (i)
in relation to road safety or control of
air-pollution, shall be liable for the first contravention with penalty which
may extend to ten thousand rupees and he shall be disqualified for holding
licence for a period of three months and for any second or subsequent offence
with imprisonment for a term which may extend to six months or with fine which
may extend to ten thousand rupees, or with both; or (ii)
in relation to noise pollution, shall for the first
contravention be issued a warning recorded in such manner as may be prescribed
by the Central Government, and for any second or subsequent contravention with
penalty which may extend to ten 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 [321][with
a fine of ten thousand rupees and he shall be disqualified for holding licence
for a period of three months], or with imprisonment for a term which may extend
to one year, or with both, and for any second or subsequent offence with
fine [322][of twenty thousand
rupees], or with imprisonment for a term which may extend to three years, or
with both. [323][***] (1)
Whoever drives
a motor vehicle or causes or allows a motor vehicle to be used in contravention
of the provisions of section 39 shall be [324][liable for the first
offence with a penalty which may extend] to five thousand rupees but shall not be less than two thousand rupees
for a second or subsequent offence with imprisonment which may extend to one
year or with fine which may extend to ten thousand rupees but shall not be less
than five thousand rupees or with both: Provided that
the court may, for reasons to be recorded, impose a lesser punishment. (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 injuries 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 about the same to the Regional Transport
Authority within seven days from the date of such use. (3)
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 made by the court
below, notwithstanding that no appeal lies against the conviction in connection
with which such order was made. [325][Explanation.-- Use
of a motor vehicle in contravention of the provisions of section 56 shall be
deemed to be a contravention of the provisions of section 39 and shall be
punishable in the same manner as provided in sub-section (1).][326] [327][(1) Whoever drives a motor vehicle or causes or allows a motor vehicle
to be used in contravention of the provisions of sub-section (1) of section 66
or in contravention of any condition of a permit relating to the route on which
or the area in which or the purpose for which the vehicle may be used, shall be
[328][liable
to penalty of ten thousand rupees and for any subsequent contravention with
penalty of twenty thousand rupees]:] [329][****] (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 about the same to the Regional Transport
Authority within seven days from the date of such use. (3) 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 made by the court below,
notwithstanding that no appeal lies against the conviction in connection with
which such order was made.] (1)
Whoever,
being the owner of a motor vehicle, fails to make an application for
registration of such motor vehicle under sub-section (1) of section 41 shall be
[330][liable for a penalty] of five times
the annual road tax or one-third of the lifetime tax of the motor vehicle
whichever is higher. (2)
Whoever,
being a dealer, fails to make an application for the registration of a new
motor vehicle under the second proviso to sub-section (1) of section 41 shall
be [331][liable for a penalty] of fifteen times
the annual road tax or the lifetime tax of the motor vehicle whichever is
higher. (3)
Whoever,
being the owner of a motor vehicle, obtains a certificate of registration for
such vehicle 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 shall be punishable with imprisonment for a term
which shall not be less than six months but may extend to one year and with
fine equal to ten times the amount of the annual road tax or two-third the
lifetime tax of the motor vehicle, whichever is higher. (4)
Whoever,
being a dealer, obtains a certificate of registration for such vehicle 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 shall be punishable with imprisonment for a term which shall not
be less than six months but may extend to one year and with fine equal to ten
times the amount of annual road tax or two-third the lifetime tax of the motor
vehicle, whichever is higher.][332] [334][(1)] 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 [335][for the first offence with
penalty] [336][of
one thousand rupees] and for any second or subsequent offence with imprisonment
which may extend to six months, or with fine [337][of
two thousand rupees], or with both. [338][(2) Whoever engages himself as an aggregator in contravention of the
provisions of section 93 or of any rules made there under shall be [339][liable for a penalty] up to one lakh rupees but shall not be less than twenty-five thousand
rupees. (3) Whoever, while operating as
an aggregator contravenes a condition of the licence granted under sub-section
(1) of section 93, not designated by the State Government as a material
condition, [340][liable for penalty which shall not be less than
fifty thousand rupees but may extend to one lakh rupees].] [341][(1) Whoever
drivers a motor vehicle or causes or allows a motor vehicle to be driven in
contravention of the provisions of section 113 or section 114 or section 115
shall be [342][liable to penalty] [343][of
twenty thousand rupees and an [344][additional penalty] of two thousand rupees per tonne of
excess load], together with the liability to pay charges for off-loading of the
excess load]. [345][Provided that
such motor vehicle shall not be allowed to move before such excess load is
removed or is caused or allowed to be removed by the person in control of such
motor vehicle.] [346][(1A) Whoever
drives a motor vehicle or causes or allows a motor vehicle to be driven when
such motor vehicle is loaded in such a manner that the load or any part thereof
or anything extends laterally beyond the side of the body or to the front or to
the rear or in height beyond the permissible limit shall be [347][liable to penalty] of twenty thousand rupees,
together with the liability to pay charges for off-loading of such
load: Provided that such motor vehicle shall
not be allowed to move before such load is arranged in a manner such that there
is no extension of the load laterally beyond the side of the body or to
the front or to the rear or in height beyond the permissible limit: Provided further that nothing in this
sub-section shall apply when such motor vehicle has been given an exemption by
the competent authority authorised in this behalf, by the State Government
or the Central Government, allowing the carriage of a particular load.] (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 [348][liable to penalty] [349][of
forty thousand rupees]. Whoever drives a transport vehicle or
causes or allows a transport vehicle to be driven while carrying more
passengers than is authorised in the registration certificate of such transportx
vehicle or the permit conditions applicable to such transport vehicle [350][liable for a penalty] of two hundred
rupees per excess passenger: Provided that such transport vehicle
shall not be allowed to move before the excess passengers are off-loaded and an
alternative transport is arranged for such passengers.][351] (1) Whoever drives a
motor vehicle without wearing a safety belt or carries passengers not wearing
seat belts shall be [352][liable for a penalty] of one thousand
rupees: Provided that the State Government,
may by notification in the Official Gazette, exclude the application of this
sub-section to transport vehicles to carry standing passengers or other
specified classes of transport vehicles. (2) Whoever drives a
motor vehicle or causes or allows a motor vehicle to be driven with a child
who, not having attained the age of fourteen years, is not secured by a safety
belt or a child restraint system shall be [353][liable for a penalty] of one thousand
rupees.][354] Whoever drives a motor cycle or causes
or allows a motor cycle to be driven in contravention of the provisions of
section 128 or the rules or regulations made there under shall be [355][liable for a penalty] of one thousand
rupees and he shall be disqualified for holding licence for a period of three
months.][356] Whoever drives a motor cycle or causes
or allows a motor cycle to be driven in contravention of the provisions of
section 129 or the rules or regulations made there under shall be [357][liable for a penalty] of one thousand
rupees and he shall be disqualified for holding licence for a period of three
months.][358] Whoever while driving a motor vehicle
fails to draw to the side of the road, on the approach of a fire service
vehicle or of an ambulance or other emergency vehicle as may be specified by
the State Government, [359][shall be liable for penalty of ten thousand rupees
for first offence and shall be punishable for any second or subsequent offence
with imprisonment for a term which may extend to six months, or with fine which
may extend to ten thousand rupees or with both].][360] [361][Whoever-- (a)
while
driving a motor vehicle-- (i)
sounds
the horn needlessly or continuously or more than necessary to ensure safety, or (ii)
sounds
the horn in an area with a traffic sign prohibiting the use of a horn, or (b)
drives
a motor vehicle which makes use of a cut-out by which exhaust gases are
released other than through the silencer, shall be
punishable with a fine of one thousand rupees and for a second or subsequent
offence with a fine of two thousand rupees.][362] [363][***] 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 [364][liable
for the first contravention with penalty of three times the base premium for
such vehicle specified under sub-section (2) of section 147 or five thousand
rupees, whichever is higher, and for a subsequent contravention shall be liable
to penalty of five times the base premium for such vehicle as specified under
sub-section (2) of section 147 or ten thousand rupees, whichever is higher]. (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 [365][of
five thousand 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 therefore. (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 [366][of
five thousand 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). [367][Whoever otherwise than
with lawful authority or reasonable excuse, without prejudice to any liability
under the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023),-- (a)
enters or mounts any stationary motor vehicle shall
be liable to penalty of one thousand rupees; (b)
tampers with the brake or any part of the mechanism
of a motor vehicle shall be punishable with a fine of ten thousand rupees.] (1)
Any
designated authority, contractor, consultant or concessionaire responsible for
the design or construction or maintenance of the safety standards of the road
shall follow such design, construction and maintenance standards, as may be
prescribed by the Central Government [368][under section 210C for National Highways or by the
State Government under section 210D for roads other than National Highways, as
the case may be] from
time to time. (2)
[369][Where failure on
the part of the designated authority, contractor, consultant or concessionaire
responsible under sub-section (1) to comply with standards for road design,
construction and maintenance, results in death or disability, such authority or
contractor or concessionaire shall be punishable with a fine which may extend
to one lakh rupees and the same shall be paid to the Fund constituted under
section 164B. (3)
For
the purposes of sub-section (2), the court shall in particular have regard to
the following matters, namely:-- (a)
the
characteristics of the road, and the nature and type of traffic which was
reasonably expected to use it as per the design of road; (b)
the
standard of maintenance norms applicable for a road of that character and use
by such traffic; (c)
the
state of repair in which road users would have expected to find the road; (d)
whether
the designated authority responsible for the maintenance of the road knew, or
could reasonably have been expected to know, that the condition of the part of
the road to which the action relates was likely to cause danger to the road
users; (e)
whether
the designated authority responsible for the maintenance of the road could not
reasonably have been expected to repair that part of the road before the cause
of action arose; (f)
whether
adequate warning notices through road signs, of its condition had been
displayed; and (g)
such
other matters as may be prescribed by the Central Government [370][or the State Government, as the case may be]. Explanation.-- For the purposes of this section, the term
"contractor" shall include sub-contractors and all such persons who
are responsible for any stage in the design, construction and maintenance of a
stretch of road.][371] (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. (1) Where an offence
under this Act has been committed by a juvenile, the guardian of such juvenile
or the owner of the motor vehicle 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 such guardian or owner 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. Explanation.-- For the purposes of this section, the Court shall presume
that the use of the motor vehicle by the juvenile was with the consent of the
guardian of such juvenile or the owner of the motor vehicle, as the case may
be. (2)
In
addition to the penalty under sub-section (1), such guardian or owner shall be
punishable with imprisonment for a term which may extend to three years and
with a fine of twenty-five thousand rupees. (3)
The
provisions of sub-section (1) and sub-section (2) shall not apply to such
guardian or owner if the juvenile committing the offence had been granted a
learner's licence under section 8 or a driving licence and was operating a
motor vehicle which such juvenile was licensed to operate. (4)
Where
an offence under this Act has been committed by a juvenile, the registration of
the motor vehicle used in the commission of the offence shall be cancelled for
a period of twelve months. (5)
Where
an offence under this Act has been committed by a juvenile, then,
notwithstanding section 4 or section 7, such juvenile shall not be eligible to
be granted a driving licence under section 9 or a learner's licence under
section 8 until such juvenile has attained the age of twenty-five years. (6)
Where
an offence under this Act has been committed by a juvenile, then such juvenile
shall be punishable with such fines as provided in the Act while any custodial
sentence may be modified as per the provisions of the Juvenile Justice Act,
2000 (56 of 2000).][372] [374][The fines and penalties] as provided in this Act
shall be increased by such amount not exceeding ten per cent. in value of the
existing fines, on an annual basis on 1st day of April of each year from the
date of commencement of the Motor Vehicles (Amendment) Act, 2019, as may be
notified by the Central Government.][375] [376][(1) Any offence
whether committed before or after the commencement of this Act [377][punishable
under section 180, section 181, sub-section (1) of section 182, sub-section (1)
or sub-section (3) or sub-section (4) of section 182A, sub-section (1) of
section 183, clause (c) of the Explanation to section 184, section 189, second
or subsequent offence under clause (i) of sub-section (2) of section 190,
second or subsequent offence under section 192, sub-section (3) of section
192B, second or subsequent offence under section 194E, and clause (b) of
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.] [378][Provided that
the State Government may, in addition to such amount, require the offender to
undertake a period of community service.] (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. [379][Provided that
notwithstanding compounding under this section, such offence shall be deemed to
be a previous commission of the same offence for the purpose of determining
whether a subsequent offence has been committed: Provided further that compounding of
an offence will not discharge the offender from proceedings under sub-section
(4) of section 206 or the obligation to complete a driver refresher
training course, or the obligation to complete community service, if
applicable.] (1) Whoever keeps
a [380][***]
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 [381][five
hundred rupees], 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: [382][Provided further
that where the vehicle is removed by [383][an
agency authorised by the Central Government or State Government, removal
charges] shall be recovered from the vehicle owner or person in-charge of such
vehicle.] [384][(2) Penalties
or [385][removal
charges] under this section shall be recovered by such officer or authority as
the State Government may, by notification in the Official Gazette, authorise.] [386][(3) sub-section
(1) shall not apply where the motor vehicle has suffered an unforeseen breakdown
and is in the process of being removed.] [387][Explanation.-- For
the purposes of this section, "removal charges" includes any costs
involved in the removal of the motor vehicle from one location to another and
also includes any costs related to storage of such motor vehicle.] (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. [388][(2) A police
officer in uniform may arrest without warrant any person, who has committed an
offence under this Act, if such person refuses to give his name and address.] (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. [389][(1) A police officer in uniform or an officer of the Motor Vehicles
Department, as may be authorised in this behalf by that Department, 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
such police officer or officer has any reasonable cause to suspect him of
having committed an offence under section 185: Provided that
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 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- (c)
in the case of
a person who is at a hospital as an indoor patient, at the hospital, (d)
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 last 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 opportunity 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. (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 if,— (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: 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. 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 of 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 therefore 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. (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, 1860 (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 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 into 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 therefore 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. [390][(4) A police
officer or other person authorised in this behalf by the State Government
shall, if he has reason to believe that the driver of a motor vehicle has
committed an offence under any of sections 183, 184, 185,
189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver
and forward it to the licensing authority for disqualification or revocation
proceedings under section 19: Provided that the person seizing the
licence shall give to the person surrendering the licence a temporary
acknowledgement therefor, but such acknowledgement shall not authorise the
holder to drive until the licence has been
returned to him.] (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 or 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 incharge 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
of such conditions as the authority or officer may deem fit to impose. STATE AMENDMENT [391][Rajasthan: In section 207, in the proviso to
sub-section (1) the expression "or without the permit required by
sub-section (1) of section 66" as occurring between the expression
"section 3 or section 4" and the expression "he may", shall
be deleted. (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 (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 subsection
(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. 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 the vehicle could with reasonable diligence
have been ascertained in time, or (b)
such failure
was brought about by the conduct of the accused. 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. Subject
to conditions made by the Central Government, a State Government, shall, by
notification in the Official Gazette, specify a multiplier, not less than one
and not greater than ten, [393][to
be applied to each fine or penalty under this Act and such modified fine or
penalty], shall be in force in such State and different multipliers may be
applied to different classes of motor vehicles as may be classified by the
State Government for the purpose of this section.][394] Any authority that is empowered to
enforce the provisions of this Act shall, if such authority commits an offence
under this Act, shall be liable for twice the penalty corresponding to that
offence under this Act.][395] The Central Government may make rules
for-- (a)
design,
construction and maintenance standards for National highways; (b)
such
other factors as may be taken into account by the Court under sub-section (3)
of section 198A; [396][(ba) the manner in which warning for
contraventions shall be recorded under this Chapter;] (c)
any
other matter which is, or has to be, prescribed by the Central Government.][397] The State Government may make rules
for design, construction and maintenance standards for roads other than
national highways, and for any other matter which is, or may be, prescribed by
the State Government.][398] CHAPTER XIV
MISCELLANEOUS 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. (1)
Where
any provision of this Act or the rules and regulations made there under provide
for-- (a)
the
filing of any form, application or any other document with any office,
authority, body or agency owned or controlled by the Central Government or the
State Government in a particular manner; (b)
the
issue or grant of any licence, permit, sanction, approval or endorsement, by
whatever name called in a particular manner; or (c)
the
receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision,
such requirement shall be deemed to have been satisfied if such filing, issue,
grant, receipt or payment, as the case may be, is effected by means of such
electronic form as may be prescribed by the Central Government or the State
Government, as the case may be. (2)
The
Central Government or the State Government shall, for the purpose of
sub-section (1), prescribe-- (a)
the
manner and format in which such electronic forms and documents shall be filed,
created or issued; and (b)
the
manner or method of payment of any fee or charges for filing, creation or issue
of any electronic document under clause (a).][399] (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 dale 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 [400][sub-section (3) of section 161] 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 sub-section (1) of section 112, [401][section
118] [402][sub-section
(4) of section 163A] [403][section
164, section 177A] 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 he issued, the rule, scheme or notification shall
thereafter have effect only in such modified form or be of no effect is 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. [404][(5) Every
notification issued by the State Government under section 210A shall be laid,
as soon as may be after it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature consists of one
House, before that House, 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, the House agrees or both Houses
agree, as the case may be, in making any modification in the notification or
the House agrees or both Houses agree, as the case may be, that the
notification should not be issued, the 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 notification.] (1)
The State
Government may, for the purpose of carrying into effect the provisions of the
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, 1860 (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
preformed 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 Vehicle 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; (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 the Code. (1)
When 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. (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. [405][Provided that where a State Government has not constituted the District
Road Safety Committee, the Central Government may, by notification in the
Official Gazette, constitute a Committee for such District, consisting of a
Chairman and such other members as it considers necessary and on such terms and
conditions as it 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. Notwithstanding anything contained in
this Act,-- (a)
the
Central Government shall have the power to delegate any power or functions that
have been conferred upon it by the Act to any public servant or public
authority and authorise such public servant or public authority to discharge
any of its powers, functions and duties under this Act; (b)
the
State Government shall have the power to delegate any power or functions that
have been conferred upon it by the Act to any public servant or public
authority and authorise such public servant or public authority to discharge
any of its powers, functions and duties under this Act.][406] (1)
The
Central Government shall, by notification in the Official Gazette, constitute a
National Road Safety Board consisting of a Chairman, such number of
representatives from the State Governments, and such other members as it may
consider necessary and on such terms and conditions as may be prescribed by the
Central Government. (2)
The
National Board shall render advice to the Central Government or State
Government, as the case may be, on all aspects pertaining to road safety and
traffic management including, but not limited to,-- (a)
the
standards of design, weight, construction, manufacturing process, operation and
maintenance of motor vehicles and of safety equipment; (b)
the
registration and licensing of motor vehicles; (c)
the
formulation of standards for road safety, road infrastructure and control of
traffic; (d)
the
facilitation of safe and sustainable utilisation of road transport ecosystem; (e)
the
promotion of new vehicle technology; (f)
the
safety of vulnerable road users; (g)
programmes
for educating and sensitising drivers and other road users; and (h)
such
other functions as may be prescribed by the Central Government from time to
time.][407] (1)
The
Central Government may make rules for the purposes 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
use of electronic forms and means for the filing of documents, issue or grant
of licence, permit, sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A; (b)
the
minimum qualifications which the Motor Vehicles Department officers or any
class thereof shall be required to possess for appointment as such, as referred
to in sub-section (4) of section 213; (c)
the
terms and conditions of appointment of Chairman and Members of the National
Road Safety Board under sub-section (1) of section 215B; (d)
the
other functions of the National Road Safety Board under sub-section (2) of
section 215B; and (e)
any
other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules by the Central Government.][408] (1)
The
State Government may make rules for the purposes of carrying into effect, the
provisions of this Chapter, other than the matters specified in section 215C. (2)
Without
prejudice to the generality of the foregoing power, such rules may provide
for-- (a)
the
use of electronic forms and means for the filing of documents, issue or grant
of licence, permit, sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A; (b)
the
duties and functions of the officers of the Motor Vehicle Department, the
powers to be exercised by such officers (including the powers exercisable by
police officers under this Act) and the conditions governing the exercise of
such powers, the uniform to be worn by them, the authorities to which they
shall be subordinate as referred to in sub-section (3) of section 213; (c)
such
other powers as may be exercised by officers of the Motor Vehicles Department
as referred to in clause (f) of sub-section (5) of section 213; and (d)
any
other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules by the State Government.][409] (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. (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
thereafter 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 the 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; (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 provisions 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 6SF 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. Notwithstanding the repeal by sub-section
(1) of section 217 of the enactments referred to in that sub-section, any
certificate of fitness or registration or licence or permit issued or granted
under the said enactments may be renewed under this Act.][410] [411][First Schedule] “This Content is in image Format.
Kindly email us at info@legitquest.com for this Content.” [412][THE SECOND
SCHEDULE] [413][***] [1] Came into force on
1-7-1989. Vide S.O. 368 (E), dated 22nd May, 1989, published in the Gazette of
India, Extra., Part II, Section 3 (ii), dated 22nd May, 1989. [2] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "(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;" [3] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [4] Sub-clause (a)
omitted by Act 54 of 1994, section 2 (w.e.f. 14-11-1994). [5] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [6] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [7] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was:- "(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;" [8] Substituted by Act 54
of 1994, section 2, for "6000" (w.e.f. 14-11-1994). [9] Inserted by Act 54 of
1994, section 2 (w.e.f. 14-11-1994). [10] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "invalid
carriage" [11] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "invalid
carriage" [12] Substituted by Act 54
of 1994, section 2, for "thirty-five cubic centimetres" (w.e.f.
14-11-1994). [13] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [14] Substituted by Act 54
of 1994, section 2, for clause (39) (w.e.f. 14-11-1994). [15] Inserted by Act 54 of
1994, section 2 (w.e.f. 14-11-1994). [16] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [17] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [18] Inserted by the Motor
Vehicles (Amendment) Act, 2015. [19] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [20] Substituted by Act 54
of 1994, Section 3, for "a motor cab" (w.e.f. 14-11-1994). [21] Substituted by Act 54
of 1994, Section 4, for "a motor cycle without gear" (w.e.f.
14-11-1994). [22] Substituted by Act 54
of 1994, Section 5, for sub-section (1) (w.e.f.14-11-1994.) [23] Inserted by the Motor
Vehicles (Amendment) Act, 2015. [24] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "the
licensing authority having jurisdiction in the area" [25] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "and
with such fee" [26] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [27] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was::- "[Provided
that no such medical certificate is required for licence to drive a vehicle
other than a transport vehicle.]" [28] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "invalid
carriage" [29] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "passes
to the satisfaction of the licensing authority such test" [30] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [31] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "(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." [32] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "the
licensing authority having jurisdiction in the area" [33] Substituted by Act 54
of 1994, Section 7, for sub-section (3) (w.e.f. 14-11-1994). [34] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "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 a vehicle prescribed under this
sub-section, if the applicant possesses a driving certificate issued by any
institution recognised in this behalf by the State Government.]" [35] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was::- "such
minimum educational qualification as may be prescribed by the Central Government
and" [36] Substituted by Act 54
of 1994, Section 7, for sub-section (5) (w.e.f. 14-11-1994). [37] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021 vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [38] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "(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." [39] Inserted by the Motor
Vehicles (Amendment) Act, 2015. [40] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "invalid
carriage" [41] Substituted by Act 54
of 1994, section 8, for clauses (e) to (h) (w.e.f. 14-11-1994). [42] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "the
licensing authority having jurisdiction in the area" [43] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [44] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "(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." [45] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [46] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "three
years" [47] The word
"and" omitted by Act 54 of 1994, Section 9 (w.e.f. 14-11-1994). [48] Inserted by Act 54 of
1994, Section 9 (w.e.f. 14-11-1994). [49] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "one
year and renewal thereof shall be subject to the condition that the driver
undergoes one day refresher course of the prescribed syllabus; and" [50] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "(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 [fifty 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 3[fifty years], whichever
is earlier; [(ii)
if the person referred to in sub-clause (i), has attained the age of fifty
years on the date of issue or as the case may be, renewal thereof, be
effective, on payment of such fee as may be prescribed, for a period of five
years from the date of such issue or renewal:]" [51] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [52] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was:- "Provided
that every driving licence shall, notwithstanding its expiry under this
subsection continue to be effective for a period of thirty days from such
expiry," [53] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "expiry" [54] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "Provided
that in any case where the application for the renewal of a licence is made
[either one year prior to date of its expiry or within one year] after the date
of its expiry, the driving licence shall be renewed with effect from the date
of its renewal:" [55] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "thirty
days" [56] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "thirty
days" [57] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "five
years after the driving license has ceased to be effective, the licensing
authority may" [58] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [59] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [60] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "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." [61] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [62] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [63] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "clause
(c) of sub-section (1) of section 132" [64] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "clause
(c) of sub-section (1) of section 132 or" [65] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [66] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "(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 [printed copy or
copy in such other form as the Central Government may require], 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. (3)
The State Register of Driving Licences shall be maintained in such manner as
may be prescribed by the State Government." [67] Inserted by the Motor
Vehicles (Amendment) Act, 2015. [68] Renumbered by the
Motor Vehicles (Amendment) Act, 2015 for the following : - "a" [69] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [70] Inserted by the Motor
Vehicles (Amendment) Act, 2015. [71] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [72] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [73] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [74] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was::- "sub-section
(1) of" [75] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, the previous text was::- "(j)
the manner in which the State Register of Driving Licences shall be maintained
under section 26;" [76] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "a
registering authority" [77] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "whose
jurisdiction" [78] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [79] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "to
the owner of a motor vehicle registered by it a certificate of
registration" [80] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [81] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, the previous text was:- "other
than a transport vehicle" [82] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [83] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, the previous text was:- "other
than a transport vehicle" [84] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "for
a period of five years" [85] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [86] Omitted by Motor
Vehicles (Amendment) Act, 2019, except in the States of Madhya Pradesh and West
Bengal, the previous text was:- "(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)." [87] Substituted by Act 54
of 1994, Section 11, for "original registering authority" (w.e.f.
14-11-1994). [88] Rajasthan Act 1 of
2002, section 2 (w.e.f. 13-3-2002). [89] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "(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 or any unforeseen circumstances beyond
the control of the owner], 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. [(3)
in a case where the motor vehicle is held under hire-purchase agreement, lease
or hypothecation, the registering authority or other prescribed authority shall
issue a temporary certificate of registration of such vehicle, which shall
incorporate legibly and prominently the full name and address of the person
with whom such agreement has been entered into by the owner.]" [90] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "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." [91] Inserted by Act 54 of
1994, Section 13 (w.e.f. 14-11-1994). [92] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "registering
authority, to that other registering authority" [93] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [94] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "one
hundred rupees" [95] Substituted by Act 54
of 1994, Section 14, for "original registering authority" (w.e.f.
14-11-1994). [96] Added by Act 54 of
1994, Section 14 (w.e.f. 14-11-1994). [97] Substituted by Act 54
of 1994, Section 14, for "original registering authority" (w.e.f.
14-11-1994). [98] Added by Act 54 of
1994, Section 14 (w.e.f. 14-11-1994). [99] Inserted by Act 54 of
1994, Section 14 (w.e.f. 14-11-1994). [100] Substituted by Act 54
of 1994, Section 14, for "under section 47, make an application"
(w.e.f. 14-11-1994). [101] Inserted by Act 54 of
1994, Section 14 (w.e.f. 14-11-1994). [102] Substituted by Act 54
of 1994, Section 14, for sub-section (11) (w.e.f. 14-11-1994). [103] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "Provided
further that the Central Government may prescribe specifications, conditions
for approval, retrofitment and other related matters for such conversion
kits:" [104] Inserted by Motor Vehicles
(Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal. [105] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "(2)
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, and permit any person owning not less
than ten transport vehicles to alter any vehicle owned by him so as to replace
the engine thereof with engine of the same make and type, without the approval
of registering authority." [106] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, the previous text was:- "or
by reason of replacement of its engine without such approval under sub-section
(2)" [107] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "fourteen
days" [108] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [109] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [110] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "(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." [111] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "[Provided
that no such cancellation shall be made by the prescribed authority unless such
prescribed authority holds such technical qualification as may be prescribed or
where the prescribed authority does not hold such technical qualification on
the basis of the report of an officer having such qualifications.]" [112] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [113] Substituted by Act 54
of 1994, Section 17, for sub-section (1) (w.e.f. 14-11-1994.) [114] Substituted by Act 54
of 1994, Section 18, for "maximum safe laden weight" (w.e.f.
14-11-1994.) [115] Sub-section (4)
omitted by Act 27 of 2000, Section 3 (w.e.f. 11-8-2000). [116] Inserted by Motor Vehicles
(Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal. [117] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [118] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [119] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "(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
Vehicles, 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 [if so desired by
it] 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." [120] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [121] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [122] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [123] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [124] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [125] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [126] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [127] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [128] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "sub-section
(13) of section 41 or" [129] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, the previous text was::- "(o)
the manner in which the State Register of Motor Vehicles shall be maintained
under section 63;" [130] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal. [131] Added by Act 54 of
1994, Section 20 (w.e.f. 14-11-1994). [132] Clause (h) omitted by
Act 27 of 2000, Section 4 (w.e.f. 11-8-2000). [133] Clause (l)
substituted by Act 54 of 1994, section 20 (w.e.f. 14-11-1994) and omitted by
Act 39 of 2001, section 2 (w.e.f. 27-9-2001). [134] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [135] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [136] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [137] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "(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 coordinating 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. 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 direction is
publised in the official gazette specifying there in 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." [138] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [139] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [140] Proviso inserted by
Act 54 of 1994, section 21 (w.e.f. 14-11-1994) and omitted by Act 39 of 2001,
section 3 (w.e.f. 27-9-2001). [141] Inserted by Act 54 of
1994, section 22 (w.e.f. 14-11-1994). [142] Proviso omitted by Act
54 of 1994, section 23 (w.e.f. 14-11-1994). [143] Word "or"
omitted by Act 54 of 1994, Section 23 (w.e.f. 14-11-1994). [144] Inserted by Act 54 of
1994, Section 23 (w.e.f. 14-11-1994). [145] Sub-sections (4) and
(5) omitted by Act 54 of 1994, section 23 (w.e.f. 14-11-1994). [146] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [147] Ins. by Act 32 of
2019, s. 33 (w.e.f. 1-9-2019). [148] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [149] Substituted by Act 54
of 1994, Section 24, for "motor cabs to persons desiring to drive the
cabs" (w.e.f. 14-11-1994). [150] Substituted by Act 54
of 1994, Section 25, for "Regional Transport Authority" (w.e.f.
14-11-1994). [151] Substituted by Act 54
of 1994, Section 25, for "Regional Transport Authority" (w.e.f.
14-11-1994). [152] Substituted by Act 54
of 1994, Section 25, for "Regional Transport Authority" (w.e.f.
14-11-1994). [153] Substituted by Act 54
of 1994, Section 25, for "Regional Transport Authority" (w.e.f.
14-11-1994). [154] Substituted by Act 54
of 1994, Section 26 for "without renewal" (w.e.f. 14-11-1994). [155] Substituted by Act 54
of 1994, Section 27, for "grant a special permit in relation to a vehicle
covered" (w.e.f. 14-11-1994). [156] Substituted by Act 54
of 1994, Section 27, for "and 89" (w.e.f. 14-11-1994). [157] Sub-section (10)
omitted by Act 54 of 1994, Section 27 (w.e.f. 14-11-1994). [158] Substituted by Act 54
of 1994, Section 27, for "and 89" (w.e.f. 14-11-1994). [159] Sub-section (13)
omitted by Act 54 of 1994, section 27 (w.e.f. 14-11-1994). [160] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [161] Substituted by Act 54
of 1994, Section 28, for sub-section (2) (w.e.f. 14-11-1994). [162] Substituted by Act 54
of 1994, Section 29, for sub-section (1) (w.e.f. 14-11-1994). [163] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "stage
carriage or contract carriage, in respect of which a permit" [164] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 27.11.2020, except in the States of
Madhya Pradesh and West Bengal. [165] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 27.11.2020, except in the States of
Madhya Pradesh and West Bengal. [166] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 27.11.2020, except in the States of
Madhya Pradesh and West Bengal, for the following:- "Agent
or canvasser to obtain licence" [167] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [168] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [169] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "(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;" [170] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [171] Section 99 renumbered
as sub-section (1) thereof by Act 54 of 1994, section 30 ( w.e.f. 14-11-1994). [172] Inserted by Act 54 of
1994, section 30 ( w.e.f. 14-11-1994). [173] Karnataka Act 11 of
1996, section 2 (w.r.e.f. 8-7-1996). [174] Inserted by Motor
Vehicles (Karnataka Amendment) Act, 1996. [175] Substituted by Land
Acquisition (Karnataka Extension and Amendment) Act, 1961. [176] Uttar Pradesh Act 5
of 1993, section 2 (w.r.e.f. 16-1-1993). [177] Inserted by the Motor
Vehicles (Haryana Amendment) Act, 2018. [178] Inserted by Act 54 of
1994, section 31 (w.e.f. 14-11-1994). [179] Substituted by Act 54
of 1994, section 32, for clause (b) (w.e.f. 14-11-1994). [180] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1231(E) dated 11.03.2021, except in the States of Madhya Pradesh and West
Bengal. [181] Inserted by Act 54 of
1994, section 32 (w.e.f. 14-11-1994). [182] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1231(E) dated 11.03.2021, except in the States of Madhya Pradesh and West
Bengal. [183] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1231(E) dated 11.03.2021, except in the States of Madhya Pradesh and West
Bengal. [184] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1231(E) dated 11.03.2021, except in the States of Madhya Pradesh and West
Bengal. [185] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1231(E) dated 11.03.2021, except in the States of Madhya Pradesh and West
Bengal. [186] Inserted by Act 54 of
1994, section 33 (w.e.f. 14-11-1994). [187] Clause (g) omitted by
Act 54 of 1994, section 33 (w.e.f. 14-11-1994). [188] Substituted by Act 54
of 1994, Section 34, for "heavy goods vehicles or heavy passenger motor
vehicles" (w.e.f. 14-11-1994). [189] Substituted by Act 54
of 1994, Section 35, for certain words (w.e.f. 14-11-1994). [190] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "authorised
in this behalf by the State Government" [191] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [192] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [193] Substituted by Act 54
of 1994, Section 36, for "the Schedule" (w.e.f. 14-11-1994). [194] Substituted by Act 54
of 1994, Section 36, for "the Schedule" (w.e.f. 14-11-1994). [195] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [196] Ed.--For the words
"the Schedule" the words "the First Schedule" have been
substituted as the Schedule has been renumbered as the First Schedule by Act 54
of 1994, section 63 (w.e.f. 14-11-1994). [197] Substituted by Act 54
of 1994, Section 37, for sub-section (1) (w.e.f. 14-11-1994). [198] Substituted by Act 54
of 1994, Section 37, for "highway" (w.e.f. 14-11-1994). [199] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "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 [protective headgear
conforming to the standards of Bureau of Indian Standards]: Provided
that the provisions of this sections 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 motor cycle a degree or
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," [200] Substituted by Act 54
of 1994, Section 39, for sub-section (2) (w.e.f. 14-11-1994). [201] Substituted by Act 54
of 1994, Section 39, for sub-section (3) (w.e.f. 14-11-1994). [202] Substituted by Act 54
of 1994, Section 40, for 'may reasonably by necessary" (w.e.f.
14-11-1994). [203] Substituted by Act 54
of 1994, Section 40, for clause (a) (w.e.f. 14-11-1994). [204] Clause (c) omitted by
Act 54 of 1994, Section 40 (w.e.f. 14-11-1994). [205] Substituted by Act 54
of 1994, section 41, of "and, if necessary, convey him to the nearest
hospital" (w.e.f. 14-11-1994). [206] Inserted by Act 54 of
1994, section 41 (w.e.f. 14-11-1994). [207] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.10.2020, except in the States of
Madhya Pradesh and West Bengal. [208] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was::- "and" [209] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "highways" [210] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal. [211] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [212] Substituted by Act 54
of 1994, section 42, for "without unnecessary delay" (w.e.f.
14-11-1994). [213] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [214] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [215] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [216] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [217] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "CHAPTER
X LIABILITY
WITHOUT FAULT IN CERTAIN CASES" [218] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "(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 [fifty 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
[twenty-five 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. [(5)
Notwithstanding anything contained in sub-section (2) regarding death or bodily
injury to any person, for which the owner of the vehicle is liable to give
compensation for relief, he is also liable to pay compensation under any other
law for the time being in force: Provided
that the amount of such compensation to be given under any other law shall be
reduced from the amount of compensation payable under this section or under
section 163 A.]" [219] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "(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,
except the right to claim under the scheme referred to in section 163A (such
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." [220] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "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." [221] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "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 subsection (1) of section 140 and for this purpose, the said
provisions shall, with necessary modifications, be deemed to form part of that
Act." [222] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "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." [223] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [224] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "In
this Chapter,— (a)
"authorised insurer" means an insurer for the time being carrying on
general insurance business in India under the General Insurance Business
(Nationalisation) Act, 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," [225] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "(1)
No person shall use, except as a passenger, or cause or allow any other person
to use, a motor vehicle in a public, 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: [Provided
that in the case of a vehicle carrying, or meant to carry, dangerous or
hazardous goods, there shall also be a policy of insurance under the Public
Liability Insurance Act, 1991 (6 of 1991).] 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 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." [226] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "(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; or (b)
insurer 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, including owner of the goods or his authorised
representative carried in the vehicle]
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 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 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." [227] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No. SO859(E),
dated 25.02.2022, for the following:- "Where,
in pursuance of an arrangement between India and any reciprocating country, the
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." [228] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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) [or under the provisions of
section 163A] 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 of 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 nondisclosure
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 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 condition 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 expression "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 subsection (2) or in the corresponding law of the
reciprocating country, as the case may be. Explanation.
- For the purposes 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." [229] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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, if,
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." [230] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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 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 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 or 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." [231] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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 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." [232] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "153.
Saving in respect of sections 150, 151 and 152 (1)
For the purposes of sections 150, 151 and 152 a reference 10 "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 of an
amalgamation with another company." [233] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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." [234] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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." [235] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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 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." [236] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "fourteen
days" [237] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "(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. [Explanation.-For
the removal of doubts, it is hereby declared that such deemed transfer shall
include transfer of rights and liabilities of the said certificate of insurance
and policy of insurance.] (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." [238] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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 subsection (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 he 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 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 report under this section is completed by a
police officer, the officer incharge of the police station shall forward a copy
of the same within thirty days from the date of recording of information or, as
the case may be, on completion of such report to the Claims Tribunal having jurisdiction
and a copy thereof to the concerned insurer, and where a copy is made available
to the owner, he shall also within thirty days of receipt of such report,
forward the same to such Claims Tribunal and Insurer.]" [239] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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." [240] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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 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 lime 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." [241] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with imprisonment which may extend to two years, or with fine which shall not
be less than twenty-five thousand rupees but may extend to five lakh rupees or
with both" [242] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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, 1860 (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 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 [twenty-five thousand rupees]; (b)
in respect of grievous hurt to any person resulting from a hit and run motor
accident, a fixed sum of [twelve
thousand and five hundred 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." [243] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "(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 thereafter 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 purpose 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." [244] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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." [245] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [246] Replaced by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "(1)
Notwithstanding anything contained in this Act or in any other law for the time
being in force or instrument having the force of law, the owner of the motor
vehicle of the authorised insurer shall be liable to pay in the case of death
or permanent disablement due to accident arising out of the use of motor
vehicle, compensation, as indicated in the Second Schedule, to the legal heirs
or the victim, as the case may be. Explanation.-For
the purposes of this sub-section, "permanent disability" shall have
the same meaning and extent as in the Workmen's Compensation Act, 1923 (8 of
1923). (2)
In any claim for compensation under sub-section (1), the claimant shall not be
required to plead or establish that the death or permanent disablement in
respect of which the claim has been made was due to any wrongful act or neglect
or default of the owner of the vehicle or vehicles concerned or of any other
person. (3)
The Central Government may, keeping in view the cost of living by notification
in the Official Gazette, from time to time amend the Second Schedule." [247] Inserted by Act 54 of
1994, Section 51 (w.e.f. 14-11-1994). [248] Replaced by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, the previous text was:- "Where
a person is entitled to claim compensation under section 140 and section 163A,
he shall file the claim under either of the said sections and not under
both." [249] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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; (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." [250] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [251] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [252] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [253] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [254] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [255] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "section
140 and section 163A" [256] Added by Act 54 of
1994, Section 52 ( w.e.f. 14-11-1994). [257] Inserted by Motor Vehicles
(Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No. SO859(E), dated
25.02.2022. [258] Substituted by Act 54
of 1994, Section 53, for sub-section (2) ( w.e.f. 14-11-1994). [259] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "Provided
that where no 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.]" [260] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [261] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [262] Sub-section (3)
omitted by Act 54 of 1994, Section 53 ( w.e.f. 14-11-1994). [263] Substituted by Act 54
of 1994, Section 53, for sub-section (4) ( w.e.f. 14-11-1994). [264] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "sub-section
(6) of section 158" [265] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [266] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "without
prejudice to the provisions of Chapter X" [267] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "section
162" [268] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "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 compensation in
respect of such death or permanent disablement shall be disposed of in
accordance with the provisions of Chapter X." [269] Inserted by Jan Vishwas (Amendment of Provisions)
Act, 2026. [270] Inserted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022. [271] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "section
149" [272] Substituted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification No.
SO859(E), dated 25.02.2022, for the following:- "ten
thousand" [273] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "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 [five hundred
rupees], and for any second or subsequent offence with fine which may extend to
[one thousand and five hundred rupees]." [274] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "Whoever
contravenes the regulations made under section 118, shall be punishable with
fine which shall not be less than five hundred rupees, but may extend to one
thousand rupees." [275] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [276] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [277] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [278] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [279] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [280] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [281] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [282] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [283] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "five
hundred rupees" [284] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "provided
for the offence, be punishable with imprisonment for a term which may extend to
one month, or with fine which may extend to 2[two thousand rupees], or with
both" [285] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to one thousand rupees" [286] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five hundred rupees" [287] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five hundred rupees" [288] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with imprisonment for a term which may extend to one month, or with fine which
may extend to [ten thousand rupees], or with both" [289] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "[182A.
Punishment f or offences relating to construction and maintenance of vehicles Any
person who contravenes the provisions of sub-section (3) of section 109, snail
be punishable with a fine of five thousand rupees for any subsequent
offence.]" [290] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "Punishment" [291] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [292] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal. [293] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [294] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal, for the following:- "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" [295] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was:- "(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." [296] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [297] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "sub-section
(2)" [298] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [299] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to six months or with fine which may extend to one thousand rupees" [300] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to two thousand rupees" [301] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [302] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [303] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [304] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to two thousand rupees" [305] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was::- "if
committed within three years of the commission of the previous similar
offence," [306] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to three thousand rupees" [307] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "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." [308] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
for the first offence with fine" [309] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "two
hundred rupees" [310] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "subsequent
offence with fine " [311] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "five
hundred rupees" [312] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "(c)" [313] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "three
months" [314] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five hundred rupees" [315] Substituted by Motor Vehicles
(Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal, for the following:- "six
months" [316] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to one thousand rupees" [317] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "one
month" [318] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five hundred rupees" [319] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [320] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "(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 [of one
thousand five hundred 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 [of five thousand rupees],
or with both [and for a subsequent offence shall be punishable with
imprisonment for a term which may extend to six months, or with a fine of ten
thousand rupees for bodily injury or damage to property]. (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 [imprisonment for a term which may extend to three months, or with
fine which may extend to ten thousand rupees or with both and he shall be
disqualified for holding licence for a period of three months] and for any
second or subsequent offence with [imprisonment for a term which may extend to
six months, or with fine which may extend to ten thousand rupees or with
both]." [321] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- which
may extend to three thousand rupees [322] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five thousand rupees" [323] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was:- "Whoever
being an importer of or dealer in motor vehicles, sells or delivers or offers
to sell or deliver a motor vehicle or trailer 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." [324] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
for the first offence with a fine which may extend" [325] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.10.2020, except in the States of
Madhya Pradesh and West Bengal. [326] Substituted by Act 54
of 1994, Section 56, for section 192 (w.e.f. 14-11-1994). [327] Vide Section 3 of Jan
Vishwas (Amendment of Provisions) Act, 2023, the fines and penalties under this
provision shall be increased by ten percent of the minimum amount of fine or
penalty, after the expiry of every three years from the date of commencement. [328] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
for the first offence with [imprisonment for a term which may extend to six
months [a fine of ten thousand rupees, or with both] and for any subsequent
offence with imprisonment which may extend to one year but shall not be less
than [six months] or with fine [of ten thousand rupees] or with both" [329] Omitted by Jan
Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 13.01.2025, vide
Notification No. SO227(E) dated 13.01.2025, for the following:- "Provided
that the court may for reasons to be recorded, impose a lesser
punishment." [330] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [331] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [332] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021 vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [333] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021 vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal, for the following:- "agents
and canvassers" [334] Numbered by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [335] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "for
the first offence with fine" [336] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to one thousand rupees" [337] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to two thousand rupees" [338] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.04.2021, vide Notification No.
SO1433(E) dated 31.03.2021, except in the States of Madhya Pradesh and West
Bengal. [339] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine" [340] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with fine of five thousand rupees" [341] Substituted by Act 54
of 1994, Section 57, for sub-section (1) (w.e.f. 14-11-1994). [342] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with [***] fine" [343] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "of
two thousand rupees and an additional amount of one thousand rupees per tonne
of excess load" [344] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "additional
amount" [345] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [346] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [347] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with a fine" [348] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with [***] fine" [349] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to three thousand rupees" [350] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with a fine " [351] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [352] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with a fine" [353] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with a fine" [354] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [355] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with a fine" [356] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [357] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
with a fine" [358] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [359] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "shall
be punishable with imprisonment for a term which may extend to six months, or
with a fine of ten thousand rupees or with both" [360] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [361] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "Whoever-- (a)
while driving a motor vehicle-- (i)
sounds the horn needlessly or continuously or more than necessary to ensure
safety, or (ii)
sounds the horn in an area with a traffic sign prohibiting the use of a horn,
or (b)
drives a motor vehicle which makes use of a cut-out by which exhaust gases are
released other than through the silencer, shall be punishable with a fine of
one thousand rupees and for a second or subsequent offence with a fine of two
thousand rupees.]" [362] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [363] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was:- "(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 imposable 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." [364] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
[for the first offence] with imprisonment which may extend to three months, or
with fine [of two thousand rupees,], or with both [, and for a subsequent
offence shall be punishable with imprisonment for a term which may extend to
three months, or with fine of four thousand rupees, or with both" [365] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five hundred rupees" [366] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "which
may extend to five hundred rupees" [367] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "Whoever
otherwise than with lawful authority or reasonable excuse enters or moves any
stationary motor vehicle or tampers with the brake or any part of the mechanism
of a motor vehicle shall be punishable [with fine of one thousand
rupees]." [368] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [369] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "(2)
Where failure on the part of the designated authority, contractor, consultant
or concessionaire responsible under sub-section (1) to comply with standards
for road design, construction and maintenance, results in death or disability,
such authority or contractor or concessionaire shall be punishable with a fine
which may extend to one lakh rupees and the same shall be paid to the Fund
constituted under section 164B." [370] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [371] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [372] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [373] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [374] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "The
fines" [375] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [376] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 13.01.2025, vide
Notification No. SO227(E) dated 13.01.2025, for the following:- "(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 (3) or sub-section (4) of
section 182A, section 182B, sub-section (1) or sub-section (2) of section 183,
section 184 only to the extent of use of handheld communication devices,
section 186, section 189, sub-section (2) of section 190, section 192, section
192A, section 194, section 194A, section 194B, section 194C, section 194D,
section 194E, section 194F, section 196, 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." [377] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "punishable
under Section 177, Section 177A, Section 178, Section 179, Section 180, Section
181, Section 182, Sub-Section (1) or Sub-Section (3) or Sub-Section (4) of
Section 182A, Section 182B, Sub-Section (1) or Sub-Section (2) of Section 183,
clause (c) of the Explanation to Section 184, Section 186, Section 189,
Sub-Section (2) of Section 190, Section 192, Section 192A, Sub-Section (3) of
Section 192B, Section 194, Section 194A, Section 194B, Section 194C, Section
194D, Section 194E, Section 194F, Section 196, Section 198 and Section
201" [378] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [379] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [380] Omitted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, the previous text was::- "disabled" [381] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "fifty
rupees per hour" [382] Inserted by Act 54 of
1994, Section 59 (w.e.f. 14-11-1994). [383] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of Madhya
Pradesh and West Bengal, for the following:- "a
Government agency, towing charges" [384] Substituted by Act 54
of 1994, Section 59, for sub-section (2) (w.e.f. 14-11-1994). [385] Substituted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal, for the following:- "towing
charges" [386] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [387] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [388] Substituted by Act 54
of 1994, Section 60, for sub-section (2) (w.e.f. 14-11-1994). [389] Substituted by Act 54
of 1994, Section 61, for sub-section (1) (w.e.f. 14-11-1994). [390] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.10.2020, except in the States of
Madhya Pradesh and West Bengal. [391] Rajasthan Act 2 of
1993, section 3 (w.e.f. 30-1-1993). [392] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [393] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "to
be applied to each fine under this Act and such modified fine" [394] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [395] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [396] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2026. [397] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [398] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [399] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.10.2020, except in the States of
Madhya Pradesh and West Bengal. [400] Substituted by Jan
Vishwas (Amendment of Provisions) Act, 2026, for the followings:- "sub-section
(1) of section 163" [401] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [402] Inserted by Act 54 of
1994, Section 62 (w.e.f. 14-11-1994). [403] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.10.2020, except in the States of
Madhya Pradesh and West Bengal. [404] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [405] Inserted by Jan
Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 13.01.2025, vide
Notification No. SO227(E) dated 13.01.2025. [406] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [407] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [408] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [409] Inserted by Motor
Vehicles (Amendment) Act, 2019, w.e.f. 01.09.2019, except in the States of
Madhya Pradesh and West Bengal. [410] Inserted by Act 27 of
2000, section 5 (w.e.f. 11.8.2000). [411] The Schedule
renumbered as the First Schedule thereof by Act 54 of 1994, s. 63 (w.e.f.
14-11-1994). [412] Substituted
by S.O. 2022(E), dated 22-5-2018 (w.e.f. 22-5-2018). Prior to its
substitution, Sch. II read as under:-- "THE
SECOND SCHEDULE (See
section 163-A) SCHEDULE
FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENTS/INJURY CASES CLAIMS 1.
Fatal Accidents: ANNUAL
INCOME Rs. 3000 Rs. 4200 Rs. 5400 Rs. 6600 Rs.
7800 Rs.
9000 Rs. 10200 Rs.
11400 Rs. 12000 Rs. 18000 Rs. 24000 Rs. 36000 Rs.
40000 Age
of Victim Multiplier (Rupees
in Thousands) (compensation in case of death) Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Up
to 15 years 15 60 84 108 132 156 180 204 228 240 360 480 720 800 Above
15 years but not exceeding 20 years 16 57 79.8 102 125.4 148.2 171 193.8 216.6 228 342 456 684 760 Above
20 years but not exceeding 25 years 17 54 75.6 97.2 118.8 140.4 162 183.6 205.2 216 324 432 648 720 Above
25 years but not exceeding 30 years 18 51 71.4 91.8 112.2 132.6 153 173.4 193.8 204 306 408 612 680 Above
30 years but not exceeding 35 years 17 50 67.2 86.4 105.6 124.8 144 163.2 192.4 192 288 384 576 640 Above
35 years but not exceeding 40 years 16 50 63 81 99 117 135 153 171 180 270 360 540 600 Above
40 years but not exceeding 45 years 15 50 58.8 75.6. 92.4 109.2 126 142.8 159.6 168 252 336 504 560 Above
45 years but not exceeding 50 years 13 50 50.4 64.8 79.2 93.6 108 122.4 136.8 144 216 286 432 480 Above
50 years but not exceeding 55 years 11 50 50 54 66 78 90 102 114 120 180 240 360 400 Above
55 years but not exceeding 60 years 8 50 50 50 52.8 62.4 72 81.6 91.2 96 144 192 286 320 Above
60 years but not exceeding 65 years 5 50 50 50 50 50 54 61.2 68.4 72 108 144 216 240 Above
65 years 5 50 50 50 50 50 50 51 57 60 90 120' 180 200 Note:
The amount of compensation so arrived at in the case of fatal accident claims
shall be reduced by 1/3rd in consideration of the expenses which the victim
would have incurred towards maintaining himself had he been alive. 2.
Amount of compensation shall not be less than Rs. 50,000. 3.
General damages (in case of death): The
following general damages shall be payable in addition to compensation outlined
above: (i)
Funeral expenses Rs. 2,000 (ii)
Loss of consortium, if beneficiary is the spouse Rs. 5,000 (iii)
Loss of estate Rs. 2,500 (iv)
Medical expenses--actual expenses incurred before death supported by
bills/vouchers but not exceeding as one time payment Rs. 15,000 4.
General damages in case of injuries and disabilities: (i)
Pain and sufferings: (a)
Grievous injuries Rs. 5,000 (b) Non-grievous
injuries Rs. 1,000 (ii)
Medical expenses--actual expenses incurred supported by bills/vouchers but not
exceeding as one time payment Rs. 15.000 5.
Disability in non-fatal accidents: The
following compensation shall be payable in case of disability to the victim
arising out of non-fatal accidents: Loss
of income, if any, for actual period of disablement not exceeding fifty-two
weeks. PLUS
either of the following:-- (a)
In case of permanent total disablement the amount payable shall be arrived at
by multiplying the annual loss of income by the Multiplier applicable to the
age on the date of determining the compensation, or (b)
In case of permanent partial disablement such percentage of compensation which
would have been payable in the case of permanent total disablement as specified
under item (a) above. Injuries deemed to
result in permanent total disablement/permanent partial disablement and
percentage of loss or earning capacity shall be as per Schedule I
under Workmen's Compensation Act, 1923. 6.
Notional income for compensation to those who had no income prior to accident: Fatal
and disability in non-fatal accidents: (a)
Non-earning persons Rs. 15,000 p.a. (b)
Spouse Rs. 1/3rd of income of the earning surviving spouse. In
case of other injuries only "general damage" as applicable.". [413] Omitted by Motor
Vehicles (Amendment) Act, 2019, W.e.f 01.04.2022, Vide Notification
No. SO859(E), dated 25.02.2022, for the following:- "THE
SECOND SCHEDULE (See
Section 163-A) SCHEDULE
FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENTS/INJURY CASES CLAIMS 1. (a)
Fatal Accidents:-- Compensation
payable in case of Death shall be five lakh rupees. (b)
Accidents resulting in permanent disability: Compensation
payable shall be = [Rs. 5,00,000/- * percentage disability as per Schedule I of
the Employee's Compensation Act, 1923 (8 of 1923)]: Provided
that the minimum compensation in case of permanent disability of any kind shall
not be less than fifty thousand rupees. (c)
Accidents resulting in minor injury:-- A
fixed compensation of twenty five thousand rupees shall be payable: 2.
On and from the date of 1st day of January, 2019 the amount of compensation
specified in the clauses (a) to (c) of paragraph (1) shall stand increased by 5
per cent annually. 3.
This notification shall come into form on the date of its publication in the
Official Gazette.]"MOTOR VEHICLES ACT, 1988 (AMENDED
UPTO 2026)
PREAMBLE
Section 2 – Definitions.
Section 2A – [e-cart and e-rickshaw.
Section 2B – [Promotion of innovation.
Section 24 – Endorsement.
Section 25A – [National Register of Driving Licences.
Section 37 – Savings.
Section 44 – [Production of vehicle at the time of registration.
Section 52 – [Alteration in motor vehicle.
Section 57 – Appeals.
Section 62A – [Prohibition of registration and issuance of certificate of fitness to oversized vehicles.
Section 62B – [National Register of Motor Vehicles.
Section 63 – [Maintenance of State Registers of Motor Vehicles.
Section 66A – [National Transportation Policy.
Section 66B – [No bar against permit holders to apply and hold licences under schemes.
Section 67 – [Power to State Government to control road transport.
Section 72 - Grant of stage carriage permit.
Section 73 - Application for contract carriage permit.
Section 74 - Grant of contract carriage permit.
Section 75 - Scheme for renting of motor cabs.
Section 76 - Application for private service vehicle permit.
Section 77 - Application for goods carriage permit.
Section 78 - Consideration of application for goods carriage permit.
Section 79 - Grant of goods carriage permit.
Section 80 - Procedure in applying for and granting permits.
Section 81 - Duration and renewal of permits.
Section 82 - Transfer of permit.
Section 83 - Replacement of vehicles.
Section 84 - General conditions attaching to all permits.
Section 85 - General form of permits.
Section 86 - Cancellation and suspension of permits.
Section 87 - Temporary permits.
Section 88 - Validation of permits for use outside region in which granted.
Section 88A – [Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods.
Section 89 – Appeals.
Section 90 – Revision.
Section 93 – [Agent or canvasser or aggregator to obtain licence.
Section 97 – Definition.
Section 110A – [Recall of motor vehicles.
Section 110B – [Type-approval certificate and testing agencies.
Section 129 – [Wearing of protective headgear.
Section 134A – [Protection of Good Samaritans.
Section 136A – [Electronic monitoring and enforcement of road safety.
Section 140 – Omitted.
Section 141 – Omitted.
Section 142 – Omitted.
Section 143 – Omitted.
Section 144 – Omitted.
Section 145 – [Definitions.
Section 146 – [Necessity for insurance against third party risk.
Section 148 – [Validity of policies of insurance issued in reciprocating countries.
Section 149 – [Settlement by insurance company and procedure there for.
Section 150 – [Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.
Section 151 – [Rights of third party against insurers on insolvency of insured.
Section 152 – [Duty to give information as to insurance.
Section 153 – [Settlement between insurers and insured persons.
Section 154 – [Saving in respect of sections 151, 152 and 153.
Section 155 – [Effect of death on certain causes of action.
Section 156 – [Effect of certificate of insurance.
Section 157 – [Transfer of certificate of insurance.
Section 158 – [Production of certain certificates, licence and permit in certain cases.
Section 159 – [Production of certificate of insurance on application for authority to use vehicle.
Section 161 – [Special provisions as to compensation in case of hit and run motor accident.
Section 162 – [Refund in certain cases of compensation paid under section 161.
Section 163 – [Refund in certain cases of compensation paid under section 161.
Section 163A – [Special provisions as to payment of compensation on structured formula basis.
Section 164 – [Payment of compensation in case of death or grievous hurt, etc.
Section 164A – [Scheme for interim relief for claimants.
Section 164B – [Motor Vehicle Accident Fund.
Section 164C – [Power of Central Government to make rules.
Section 164D – [Power of State Government to make rules.
Section 173 – Appeals.
Section 177A – [Penalty for contravention of regulations under section 118.
Section 182A – [Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components.
Section 182B – [290][Penalty] for contravention of section 62A.
Section 191 – Omitted.
Section 192 – [Using vehicle without registration.
Section 192B – [Offences relating to registration.
Section 193 - Punishment of [333][agents, canvassers and aggregators] without proper authority.
Section 194A – [Carriage of excess passengers.
Section 194B – [Use of safety belts and the seating of children.
Section 194C – [Penalty for violation of safety measures for motor cycle drivers and pillion riders.
Section 194D – [Penalty for not wearing protective headgear.
Section 194E – [Failure to allow free passage to emergency vehicles.
Section 194F – [Use of horns and silence zones.
Section 195 – Omitted.
Section 198 - Unauthorised interference with vehicle.
Section 198A – [Failure to comply with standards for road design, construction and maintenance.
Section 199A – [Offences by juveniles.
Section 199B – [Revision of fines [373][and penalties].
Section 210A – [Power of State Government to increase[392][fines or] penalties.
Section 210B – [Penalty for offence committed by an enforcing authority.
Section 210C – [Power of Central Government to make rules.
Section 210D – [Power of State Government to make rules
Section 211A – [Use of electronic forms and documents.
Section 215A – [Power of Central Government and State Government to delegate.
Section 215B – [National Road Safety Board.
Section 215C – [Power of Central Government to make rules.
Section 215D – [Power of State Government to make rules.
Section 217A – [Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939.