WEST BENGAL MOTOR VEHICLES RULES, 1989

[WEST BENGAL MOTOR VEHICLES RULES, 1989][1]

CHAPTER I PRELIMINARY

Rule - 1. Short title and application.

(i)       These Rules may be called the West Bengal Motor Vehicles Rules, 1989.

(ii)      They shall, save as expressly provided otherwise, apply to, and in relation to, all motor vehicles in the State of West Bengal.

Rule – 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context:

(a)      "the Act" means the Motor Vehicles Act, 1988 (59 of 1988);

(b)      "[2][Kolkata]" means the town of1 [Kolkata] as defined in section 3 of the [Kolkata] Police Act, 1866 (Ben. Act IV of 1866), together with the suburbs of [Kolkata] as defined under section 1 of the [Kolkata] Suburban Police Act, 1986 and shall also include Police Stations of Salt Lake and Lake Town under West Bengal Police;

[3][(b1) "computer service fee" means a fee for any transaction if made through the computer service in the office of the Motor Vehicle Department in the district or sub- division or the State Transport Authority;]

(c)      "Form" means a Form set forth in the Act or appended to these rules;

(d)      "passenger" for the purpose of the rules in Chapter V means any person travelling in a public service vehicle other than the driver or the conductor or an employee of the permit holder while on duty;

(e)      [4]["District Magistrate" means an Additional District Magistrate and includes a Regional Transport Officer or an Additional Regional Transport Officer having jurisdiction in the district or sub-division as the case may be, or if specially authorized by the District Magistrate, an Executive Magistrate or an officer having jurisdiction in the district;]

(f)       "Director, Public Vehicles Department, [5][Kolkata]", includes any other officer or officers of the said office, if specially authorised by the Director in that behalf;

(g)      "Producer" for the purposes of the rules in Chapter VII means the whole of the generator, pipes, coolers, filters and accessories necessary for the generation of gas and its supply to the engine;

(h)      "Claims Tribunal" means a Motor Accidents Claims Tribunal constituted under section 165 of the Act;

(i)       "Legal Representative" shall have the meaning assigned to it under clause (11) of section (2) of the Code of Civil Procedure, 1908 (5 of 1908) as amended by Act 104 of 1976;

(j)       "Regional Transport Officer" means an officer whom the State Government may appoint for any district to perform the function and to discharge the duties of a Regional Transport Officer under the provisions of the Act and these rules;

(k)      "tourist motor cab" means a motor cab, with a permit relating to which an endorsement is made by the State Transport Authority of the State, in which such permit is granted, to the effect that it is a tourist motor cab;

[6][(k1) "motor cab" shall have the same meaning as in the Act and includes an auto- rickshaw;]

(l)       "tourist omnibus" means an omnibus with a permit relating to which an endorsement is made by the State Transport Authority of a State, in which such permit is granted, to the effect that it is a tourist omnibus;

(m)    "fee" means the amount as referred to in the Act and/or in these rules or in the Central Motor Vehicles Rules, 1989;

[7][(m1) "International Driving Permit" means a permit issued by any Licensing authority under chapter II to drive a motor vehicle or a motor vehicle of any specified class or description in the territories of all the contracting countries outside India;]

(n)      "Van" means a 'goods carriage' having Gross Vehicle weight up to 5000 kgs.;

(o)      "Transport Department" means the Department of Transport under the Government of West Bengal;

(p)      The words "Transport Authority" shall mean either a Regional Transport Authority or a State Transport Authority as constituted under the Act;

(q)      Special Stage Carriage shall also include Mini Buses;

(r)       "Central Government" means the Government of India;

(s)      "State Government" means the Government of West Bengal;

(t)       "State" means the State of West Bengal;

(u)      [For the purpose of rule 173(3), "authorised person" shall include the driver, conductor of the concerned stage carriage or any police officer in uniform not below the rank of Sub-Inspector/Sergeant and shall also include in the case of State Transport Undertakings or State Transport Companies, such superior officers as may be determined by such undertakings/companies;

(v)      "prescribed" means as prescribed under these rules or under the Central Motor Vehicle Rules, 1989;

[8][(v1) "sub-dealer" means any person or agent or company engaged in dealing with an unregistered vehicle under the authorization of any authorized dealer of such vehicles;]

(w)     "Additional Regional Transport Officer" means an officer whom the State Government may appoint for any district or subdivision to perform the functions and to discharge the whole or part of the duties of a Regional Transport Officer under the provisions of the Act and these rules;

(x)      "Motor Vehicles Inspector" means an officer whom the State Government may appoint for any district or subdivision to perform the functions and to discharge the duties under the provisions of the Act and these rules;

(y)      "Motor Vehicles Department" shall have the same meaning as "Transport Department";

(z)      unless the context otherwise requires, words and expressions used in these rules but not defined shall have the same meaning as assigned to them under section 2 of the Act.

CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

Rule – 3. Licensing Authority.

The Licensing Authority shall be

(i)       in the city of [Kolkata] (jurisdiction of [9][Kolkata] Police); the Director, Public Vehicles Department,

(ii)      elsewhere in the State, the District Magistrate excepting that the District Magistrate, 24-Parganas (North) shall not be the licensing authority in respect of areas under Salt Lake Town Police-Stations:

Provided that the powers of the licensing authority under section 19 of the Act only shall also be exercised by Deputy Commissioner of Police, Traffic, within the city of [Kolkata] or Superintendent of Police in the district in respect of licences to drive transport vehicles:

Provided further that the District Magistrate or the Director, Public Vehicles Department may delegate its power, by order in writing, to any officer not below the rank of Motor Vehicles Inspector having jurisdiction.

Rule – 4. Enquiries to be made by the Licensing authority.

(1)     Upon receipt of an application for a licence or for addition to, or renewal of, a licence the licensing authority may make such enquiries as may be reasonably necessary to establish the identity and eligibility of the applicant.

(2)     Every application for grant of a Learner's Licence or Driving Licence shall be accompanied by photo copy of the ration card or the local Employment Exchange card as an evidence of the local address of the applicant. Waiver of the production of the above documents, may be made by the Licensing Authority, if he is satisfied about the address of the applicant otherwise for reasons to be recorded in writing.

Rule – 5. Appellate authority.

The authority empowered under sub-section (8) of section 9, sub-section (2) of section 17 and sub-section (3) of section 19 of the Act shall be

(i)   where the licensing authority is the Director, Public Vehicles Department, [10][Kolkata], the Secretary, Transport Department, Government of West Benqal;

(ii)   where the licensing authority is the District Magistrate, the Commission of the [11][Division ;]

[12][(ii) where the Deputy Commissioner of Police (Traffic) exercises the power of the licensing authority under section 19 of the Act within the City of [13][Kolkata] only, the Joint Commissioner of Police (Traffic);

(iv)   where the Superintendent of Police exercises the power of the licensing authority under section 19 of the Act in the district only, the Deputy Inspector-General of Police of the Range.]

Rule – 6. Conduct and hearing of appeals.

(1)      An appeal under rule 5 shall be- preferred in the form of a memorandum in duplicate, one copy of which shall bear the court fee of rupees twenty-five only setting forth concisely the grounds of objection to the order of the licensing authority and shall be accompanied by the certified copy of the order appealed against.

(2)      When an appeal is preferred a notice shall issue to the authority against whose order the appeal is preferred in such form as the appellate authority may direct.

(3)      The appellate authority after giving an opportunity to the parties to be heard and after such enquiry, if any, as it may deem necessary, may confirm, vary, or set aside the order from which the appeal is preferred or make any amendment consequential or incidental thereto or that may be just or proper and shall make an order accordingly.

(4)      The court fee referred to in sub-rule (1) shall not be refundable in any case.

(5)      The provisions of section 5 of the Limitation Act, 1963 shall apply to appeals under this rule.

Rule – 7. Procedure in case of loss or destruction of licence.

(1)      if at any time a licence is lost by the holder or is destroyed, the holder shall forthwith intimate such facts in writing in Form LLD to the licensing authority in whose area the holder has his place of residence at the time, or in a letter setting out the particulars required by Form LLD.

(2)      Upon the receipt of intimation, the licensing authority shall, if it is not the authority by whom the licence was issued, apply to that authority which issued the licence for particulars of the licence and of any endorsements thereon and shall, after making such enquiries as it thinks fit, if it is satisfied that a duplicate may properly be issued, issue a duplicate licence and send intimation to the authority by whom the licence was issued.

(3)      Where a photograph is required to be affixed to a duplicate licence issued under the provisions of these rules, the holder of the licence shall furnish the licensing authority with two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate licence and the other shall be transmitted by the authority issuing the duplicate licence to the authority by whom the licence was issued.

(4)      [14][The fee for a duplicate driving licence or duplicate learner's licence in non- laminated or laminated card type form shall, in the case of loss or destruction, be as specified in Schedule A.]

(5)      When a duplicate licence has been issued upon representation that a licence has been lost and the original licence is afterwards found by the holder the original licence shall be delivered to the licensing authority.

(6)      Any other person finding a learner's or driving licence shall deliver it to the holder of the licence or to the nearest police-station.

Rule – 8. Defaced or torn licence.

(1)     If at any time it appears to a licensing authority that a licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the licence and issue a duplicate.

(2)     If a licence impounded under sub-rule (1) is required to have a photograph of the holder affixed thereto, then:

(i)       if the photograph on the impounded licence is in the opinion of the licensing authority satisfactory and conveniently transferable to the duplicate licence, the licensing authority may so transfer, affix and seal the photograph to the duplicate licence; or

(ii)      if the photograph on the impounded licence under the provisions of clause (1) of sub- rule (2) is not in the opinion of the licensing authority such as can be transferred to the duplicate licence, the holder of the licence shall, on demand by the licensing authority, furnish two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate licence and sealed and the other shall be kept on the record by the licensing authority by whom the licence was issued.

(3)     [15][The fee for a duplicate driving licence in non-laminated or laminated card type form shall, in the case of a defaced or torn licence, be as specified in Schedule A].

(4)     No duplicate learner's licence shall be issued under this rule and a fresh learner's licence shall have to be obtained.

(5)     A learner's licence, may be renewed for a period of six months on payment of fees as prescribed and not beyond that.

Rule – 9. Issue Of duplicate licence.

(1)      When the duplicate licence is issued under rule 7 or 8, it shall be clearly stamped "Duplicate" in red ink and shall be marked with the date of issue of the duplicate and with the seal of the licensing authority.

(2)      If the licensing authority which issues a duplicate licence is not the authority by whom the original licence was issued, it shall intimate that fact of issuance of the duplicate licence to that authority.

(3)      If the licensing authority which affixes a new photograph to a duplicate licence is not the authority by whom the original licence was issued, it shall forward the second copy of the photograph to that authority for record.

Rule – 10. Temporary authorisation in lieu of a licence.

(1)      When the holder of a licence has submitted the licence to a licensing authority for renewal and has deposited the prescribed fee, or when a police officer or any Court has taken temporary possession of a licence for any purpose other than that of sub-section (2) of section 206 of the Act and the licence has not been suspended or cancelled, the licensing or other authority or the police officer or the Court, as the case may be, shall grant him a receipt for the licence and a temporary authorisation to drive in Form L Temp.

(2)      When a police officer seizes a licence under sub-section (2) of section 206 of the Act, he shall give to the person, surrendering the, licence, the temporary authorisation to drive under sub-section (3) of the said section also in Form L Temp and the production thereof, on demand, shall be deemed to be production of the licence.

(3)      Until the licence has been returned to the holder, he shall not be entitled to drive a motor vehicle (without being in possession of his licence) beyond the period specified in the temporary authorisation granted under sub-rules (1) and (2):

Provided that the authority, the Court or the police officer by which or by whom the temporary authorisation was granted shall extend the period for which the temporary authorisation is valid until the licence is- returned, suspended or cancelled.

(4)      No fee shall be payable in respect of such temporary authorisation.

Rule – 11. Communication of particulars of licences.

The state Government may by order direct that particulars of cases of revocation of driving licence under section 16 of the Act and of disqualification under section 19 of the Act shall be communicated by the licensing authority ordering the revocation or disqualification to all other licensing authorities in the State.

Rule – 12. Report of change of address of licence holder.

The holder of a licence entitling him to drive any class of motor vehicles shall, in the case of a temporary absence involving a change of residence for a period exceeding two months in the case of a driver of a public service vehicle and three months in the case of others and in the case of any change of permanent address, report within one month any change of his temporary or permanent address as noted on the licence to the licensing authority by whom the licence was issued and to the licensing authority by whom it was last renewed:

Provided that the holder of a licence granted by a licensing authority outside [Kolkata] to drive as a paid employee, shall, in case his stay in '[Kolkata] is likely to extend beyond seven days, report forthwith on his arrival in [16][Kolkata] to the licensing authority, [Kolkata],

Rule – 13. Issue of fresh licence in lieu of old one.

Where a licence has been fully used up, the licensing authority shall issue a fresh form of licence at the time of renewal on payment of renewal fee only.

Rule – 14. Payment and refund of licence fee.

All fees for licences shall be paid in cash and not otherwise. Where the licensing authority refuses to issue or to renew a licence, the fee paid therefor shall be refunded.

Rule – 15. Fee payable for medical certificate and authorisation of

medical practitioners.

(1)     The fee for the issue of a medical certificate under sub- section (3) of section 8 of the Act shall not exceed sixteen rupees and shall be paid by the applicant to the medical practitioner.

(2)     The medical certificate shall be signed by such registered medical practitioners under sub-section (3) of section 8 of the Act, as may be notified by the State Government.

Explanation.In the absence of such notification, specifically issued in this behalf, the medical practitioners (not being any Homeopaths or Ayurvedic practitioners) attached to State Government Hospitals, District Hospitals, Health Centres, Hospitals run by Municipalities or Corporations, Police Hospitals, Central Government Hospitals shall be entitled to sign medical certificates under sub-section (3) of section 8 of the Act.

Rule – 16. Exemption from fees.

The State Government may by order, exempt from the payment of all or any portion of the fees payable under Chapter II of the Act in respect of the personnel belonging to the

(1)      Consulate General,

(2)      High Commission,

(3)      Trade Commission,

(4)      Embassy of any country :

Provided that no fee shall be charged from the members of the Police Force or Fire Brigade for the test of competence to drive Police or Fire Brigade motor vehicles.

Rule – 17. Driving test certificates by Automobile Associations.

For  the purpose of the second proviso to sub-section (3) of section 9 of the Act. the Automobile Association of Eastern India may be considered by the State Government to be a recognised association, if a prayer in writing is made in that behalf. The State Government may, however, grant recognition to any other association in this behalf: Provided that the State Government shall arrange inspection every six months, if such an association is observing the stipulations made in rules 24, 25, 26 and 27 of the Central Motor Vehicles Rules, 1989 and may derecognise such an association in case of any violation of the said stipulations.

Rule – 18. State Register of Driving Licences.

The state Government may, from time to time, issue instructions as to the manner in which the State Register of Driving Licences shall be maintained under section 26 of the Act, and the period for which such Register shall be maintained, subject to compliance with the provisions of section 26 of the Act and rule 23 of the Central Motor Vehicles Rules, 1989.

Rule – 19. Transport vehicle driver's badge.

(1)     The licensing authority may require that the driver of the transport vehicle shall display on his left breast a badge in the form illustrated in the Schedule B1 to these rules issued by and inscribed with the name of the authority by which the licence to drive a transport vehicle has been granted and the word 'Driver' together with a photograph of the driver and an identification number which may be the same as the licence number.

(2)     A driver of a transport vehicle shall not hold more than one such badge issued by an authority in the State.

(3)     [17][The fee for issue of such a badge, and the fee for a duplicate badge, in the case of loss or destruction, shall be as specified in Schedule A:

Provided that if the actual cost incurred by the State Government be in excess of the fee specified in Schedule A, the State Government may direct that such actual cost be charged as the fee under this sub-rule.]

(4)     If at any time the driving licence is suspended or revoked by any authority or by any Court or ceases to be valid by efflux of time, the driver shall, within seven days thereof, surrender the badge to the authority by which it was issued.

(5)     No driver shall lend or transfer his badge to any other person.

(6)     Any person finding driver's lost badge shall, unless he returns the same to the person who is known to be the holder forthwith, surrender it to the authority by which it was issued or to the nearest police-station.

(7)     In the absence of any direction from the licensing authority, the driver of a transport vehicle shall display on his left breast the word "driver" along with the number of his licence and name of the Licensing Authority to be stitched in a visible manner on his uniform or garments.

Rule – 20. Transport vehicle driver's uniform.

Subject to the provisions of sub-rule (2) of rule 24, the licensing authority may require that every driver of a transport vehicle shall compulsorily wear Khaki uniform while driving a motor vehicle.

Rule – 21.

(1)     Duties of a driver of all categories of vehicles.

(a)      The driver of a motor vehicle shall drive the vehicle as close to the left hand side of the road as may be expedient and shall allow all traffic proceeding in the opposite direction to pass him on his right hand side.

(b)      Except as provided in clause (c), the driver of a motor vehicle shall pass to the right of all traffic proceeding in the same direction as himself.

(c)      The driver of a motor vehicle may pass to the left of a vehicle the driver of which having indicated an intention to turn to the right, has drawn to the centre of the road and may pass a tram car or other vehicle running on fixed rail, whether travelling in the same direction as himself or otherwise on other side :

Provided that in no case shall be pass a tram car at a time or in a manner likely to cause danger or inconvenience to other users of the road or pass on the left hand side of a tram car which, when in motion, would be travelling in the same direction as himself, while the tram car is at rest for the purpose of setting down or taking up passengers.

(d)      The driver of a motor vehicle shall not pass a vehicle travelling in the direction as himself,

(i)       if his passing is likely to cause inconvenience or danger to other traffic proceeding in any direction, or

(ii)      where a point or a corner or a hill or an obstruction of any kind venters the road ahead not clearly visible.

(e)      The driver of a motor vehicle shall not, when being overtaken or being passed by another vehicle, increase the speed or do anything in any way to prevent the other vehicle from passing him.

(f)       The driver of a motor vehicle shall slow down the speed when approaching a road inter-section or junction until he has become aware that he may do so without endangering the safety of a person thereon.

(g)      The driver of a motor vehicle shall, on entering a road inter-section, if the road entered is a main road designated as such, give way to the vehicles proceeding along that road and in any other case give way to all traffic approaching the inter-section on his right hand.

(h)      The driver of a motor vehicle shall, when passing or meeting a procession or a body of troops or police on the march or when passing workman engaged on road repair or ambulance or a vehicle belonging to the fire brigades, drive at a speed not exceeding 20 k.m. an hour.

(i)       The driver of a motor vehicle shall

(a)      when turning to the left, drive as close as may be, to the left hand side of the road from which he is making the run and of the road which he is entering;

(b)      when turning to the right, drive as near as may be to the centre of the road along which he is travelling and cause the vehicle to move in such a manner, that, as far as may be practicable, if passes beyond and so as to leave the drivers right hand a point framed by the centre lines of the inter-section roads and it arrives as near as may be at the left hand side of the road which the driver is entering.

(j)       When about to turn to the right or to drive to the right side of the road, in order to pass another vehicle or for any other purpose, a driver shall extend his right arm in a horizontal position outside of and to the right of his vehicle with the palm of the hand turned to the front.

(k)      When about to turn to the left or to drive to the left hand side of the road, a driver shall extend his right arm and rotate in an anticlockwise direction.

(l)       When about to slow down the speed, a driver shall extend his right arm with the palm downward and to the right of the vehicle and shall move the arm to extend up and down several times in such a manner that the signal can be seen by the driver of any vehicle which may be behind him.

(m)    When about to stop, the driver shall raise his right fore-arm vertically outside of, and to the right of the vehicle, palm to the front.

(n)      When a driver wishes to indicate to the driver of a vehicle behind him that the former desires that the latter be allowed to overtake him, he shall extend his right arm and hand horizontally outside of and to the right of the vehicle and shall swing the arm backward and forward in a semicircular motion.

(2)     Conduct and duties of drivers of transport vehicles.—In addition to those prescribed in rule 21 (1), the driver of a transport vehicle

(a)      shall, at all times, exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof is in a defective condition likely to endanger any passenger or other person, or when there is not sufficient petrol or diesel in the tank of the vehicle to enable him to reach the next petrol filling station on the route;

(b)      shall not desert his vehicle in any public place or in any other place, unless the vehicle has stopped on account of any accident or mechanical failure and cannot be driven, in which case, he shall report to the owner the location and the registration number of the vehicle so deserted;

(c)      shall, in the event of the vehicle approaching an unmanned railway level crossing, cause the vehicle to be stopped or stop it, as the case may be, and shall get down and see the railway track on both sides to make sure that the way is clear before the vehicle crosses the railway track.

Rule – 22. Conduct and duties of drivers of public service vehicles.

In addition to the duties prescribed under rule 21(1), the driver of a public service vehicle

(a)      shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver's seat in such a way as to impede the driver in having a clear vision of the road or proper control of the vehicle;

(b)      shall not shout in order to attract a passenger or behave in a manner likely to cause annoyance to any female passenger;

(c)      shall, subject to any rules or regulations in force prohibiting the taking up or setting down of passengers at, or except at certain specified places, bring the vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle and, unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger;

(d)      shall not, bringing his vehicle to rest for the purpose of picking up or setting down any passenger at or near the place where another public service vehicle is at rest for the same purpose, drive the vehicle so as to endanger, inconvenience or interfere with the driver or the conductor or the other vehicle or any person boarding or preparing to board therein or alighting therefrom, and shall bring his vehicle to rest in front of or behind the other vehicle and on the left hand side of the road or place;

(e)      shall, as far as may be reasonably possible having regard to his duties, be responsible for the due observance of the provisions of the Act and of these rules;

(f)       shall not smoke or be drunk or under the influence of a drug while on duty;

(g)      shall behave in a civil and orderly manner to passengers and intending passengers;

(h)      shall be cleanly dressed and in the manner in which the licensing or the Regional Transport Authority may specify;

(i)       shall maintain the vehicle in a clean and sanitary condition;

(j)       shall not solicit customers save in a civil and quiet manner;

(k)      shall not interfere with persons boarding or preparing to board upon any other vehicle;

(l)       shall not allow any person or passenger to be carried in any public service vehicles in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number of passengers permitted under the terms of the permit, to be carried standing in the vehicle;

(m)    shall not, save for good and sufficient reason, refuse to carry any person tending the legal fare;

(n)      shall, where goods are carried on the vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced because of such load of goods;

(o)      shall not, save for good and sufficient reason, require any person who has paid the legal fare, to alight from the vehicle before the conclusion of his journey:

(p)      shall not loiter or unduly delay upon any journey, but shall proceed to his destination as nearly as may be in accordance with the timetable pertaining to the vehicle or, where there is no such time-table, with all reasonable despatch;

(q)      shall, in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond the control of the driver or the conductor, arrange to convey the passengers to their destination in some other similar vehicle or, if unable to so arrange within a period of half an hour after the failure of the vehicle, shall on demand refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare;

(r)       shall not, in the case of a stage carriage, cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;

(s)      shall not permit the public service vehicle to be used for an illegal or immoral purpose;

(t)       shall not permit any petrol or diesel to be filled into the tank while the engine is in operation, and where the vehicle is licensed for the conveyance of more than six passengers on hire, while any passenger remains in the vehicle;

(u)      shall not permit persons in and engaged in connection with the vehicle to smoke while the vehicle is being re-fuelled;

(v)      shall not permit the carriage of any petroleum or explosives in the vehicle provided that this prohibition shall not extend to the petroleum contained in the fuel tank incorporated in the conveyance or such other quantity of petroleum, not exceeding 91 litres, as may be carried in the vehicle securely in closed tins in a specially prepared receptacle which is not accessible to the passengers and is not on the roof;

(w)     shall not carry or allow any person to seat or allow any goods to be placed on the right side of the driver and when the vehicle is fitted with right hand steering control and on the left side of the driver of the vehicle with, left hand steering control;

(x)      shall during the course of journey, if the conductor absents himself due to some emergency or sickness, perform the duties of the conductor;

(y)      shall be responsible for proper exhibition or production or maintenance of the following documents, as the case may be:

(i)       part of the permit or temporary permit issued to the vehicle,

(ii)      certificate of insurance,

(iii)     certificate of registration,

(iv)     certificate of fitness,

(v)      tax token,

(vi)     driving/conductor licence,

(vii)   first aid box,

(viii)  an inflated extra tyre,

(ix)     tools boxes including jacks, etc.

(z)      shall not allow any passenger to travel on the roof, or on the foot boards or on the steps of carriage of any public service vehicle, meant for exit or entrance of passengers, when such vehicle is in motion or in any manner whereby any parts of his body protrudes outside the body of such vehicle;

(aa) shall not smoke or indulge in smoking when the vehicle is in motion thereby creating inconvenience to the other passengers or causing risk of accident in contravention of the prohibition of Smoking in Passengers Vehicle Act, 1953 (West Ben. Act XVI of 1953); (bb) shall know to read, speak and understand the local language;

(bb) shall have a good knowledge of topography of the State, specially that of [18][Kolkata], 24-Parganas, Howrah and Darjeeling district;

(cc) shall sign the garage register recording thereon the date and timings of taking out and returning back the vehicle from the garage.

Rule – 23. Conduct and duties of drivers of metered taxis and autorickshaws.

In addition to the conditions prescribed in rule 22, wherever applicable, [19][a driver of a metered- taxi],

(i)       shall not refuse to accept a passenger for hire;

(ii)      without fail or neglect shall proceed to the destination named by the hirer by the shortest and quickest route;

(iii)     as soon as he is hired, and not before, without fail or neglect, shall set the fare- meter in motion, and upon the termination of the hiring, shall immediately stop the same: Provided that in the event of   [20][metered taxi] whilst hired being unable to proceed for any accident, mechanical derangement or tyre failure, either temporarily or otherwise, the driver shall at once stop the mechanism of the fare-meter as against the hirer. The hirer shall be liable to pay the fare up to the time of the stoppage;

(iv)     shall not carry any person as attendant or otherwise in the [21][metered taxi] except in rural areas where one attendant may be employed :

Provided that in the case of a [22][metered taxi] registered in [23][Kolkata] one person may be employed as an attendant between the hours of 8 p.m. and 5 a.m.

(v)      shall not be rude to a passenger or shall not misbehave with a passenger.

Rule – 24. Qualifications, uniform, conduct, etc. of drivers of meterless taxis engaged for carrying tourists.

(1)     The minimum educational qualification of drivers of meterless taxis engaged for carrying tourists shall be a pass in the School Final Examination of the Board of Secondary Education, West Bengal, or its equivalent:

Provided that relaxation in regard to this minimum educational qualification may be allowed by the State Transport Authority or a Regional Transport Authority in exceptional cases where a driver is qualified in other respects.

(2)     A driver of a meterless taxi engaged for carrying tourists shall

(a)      wear special uniform consisting of a trousers and a coat which shall be of transparent colour in summer and of blue colour in winter;

(b)      be neat and tidy and shall pay special attention to his personal cleanliness;

(c)      not indulge in any touting and shall not accept any commission or favour from shops, hotels or restaurants;

(d)      not act as a tourist guide; and

(e)      hold such special pass as may be specified by the State Transport Authority in this behalf and issued by the licensing authority.

(3)     In every meterless taxi engaged for carrying tourists there shall be maintained a Log Book in such form as the State Transport Authority may, from time to time, specify in this behalf.

(4)     In the case of a complaint made by a tourist of rudeness, misbehaviour, cheating or any other dishonesty against any driver of a meterless taxi engaged for carrying tourists, the matter shall be enquired into by the licensing authority or the Regional Transport Authority, and the driver, if found guilty on enquiry, may be disqualified for appointment as a driver, of tourist cars by the licensing authority on the report of the Regional Transport Authority or otherwise :

Provided that no such order disqualification shall be passed in respect of any driver unless he has been given an opportunity of being heard.

Rule – 25. Duties of a driver of goods vehicle.

(1)     The driver of a goods vehicle shall carry a certificate or letter of authority from the owner of the vehicle or the agent in whose favour a licence under section 93 of the Act has been issued in which the said owner or the licensed agent shall state that he has verified the name and address of the driver engaged by him and that the driver is known to him. The driver shall, on demand by any police officer or Motor Vehicles Inspector, on duty, produce the said certificate for examination.

(2)     The driver shall comply with all the requirements as laid down under sub-rules (1) and (2) of rule 21 and rule 22 of these rules wherever applicable.

Rule – 26. Left property.

(1)     The conductor of a stage carriage or where there is no conductor, the driver, and the driver of a motor cab, shall, at the conclusion of any journey, make reasonable search in the vehicle for anything left in the vehicle by any passenger and shall take into his custody anything so found and upon the first reasonable opportunity and in any case within twenty four hours, make over the same to a police officer at the nearest police station:

Provided that in the case of vehicles owned by a Road Transport Corporation established under the Road Transport Corporation Act, 1950 (64 of 1950) for road passengers' service, the conductor shall make over the article found in the vehicle to the Officer-in-charge, Traffic, at the nearest Depot of the said Corporation, and the Corporation shall retain the same until claimed by its rightful owner, or, if not claimed within twenty-four hours in the case of an article liable to speedy and natural decay and three months in the case of all other articles, shall dispose it of either by sale or by deposit with a police officer at the nearest police station:

Provided further that in the case of deposit of arms, ammunition, explosives and contraband articles, the Corporation shall forthwith make over the same to a police officer at the nearest police station.

(2)     Any property found in any vehicle by any other passenger shall be handed over forthwith to the conductor or driver, as the case may be, and disposed of by the conductor or driver in the manner provided in sub-rule (1).

Rule – 27. Person suffering from infectious disease.

(1)      No driver or conductor of a public service vehicle shall allow to enter into or to be placed or carried in the vehicle any person whom he knows or has reason to believe to be suffering from any infectious or contagious disease, or the corpse of any person whom he knows or has reason to believe to have suffered from any such disease.

(2)      Notwithstanding the provisions of sub-rule (1), the driver and the conductor may upon certificate in writing by a registered medical practitioner or sanitary inspector allow a person suffering from an infectious or contagious disease to be carried in a public service vehicle provided that no other person save a person or persons.*n attendance of the sick person shall be carried in the vehicle at the same time.

(3)      When a person suffering from an infectious or a contagious disease, or the corpse of any such person has been carried in a public service vehicle, the driver and the conductor of the vehicle shall be responsible for reporting that the fact is reported to a medical officer of health or sanitary inspection and to the owner of the vehicle, and neither the owner nor the driver and the conductor shall cause or allow any person to use the vehicle until the driver and the conductor and the vehicle have been disinfected in such manner as the said medical officer or sanitary inspector may specify and a certificate to this effect has been obtained from the said medical officer or sanitary inspector.

Rule – 28.

(1)     Exemption of drivers of road plant.—Nothing contained in chapter II of the rules shall apply to drivers of road rollers and mechanically propelled single seated vehicles specially designed for, and used by physically handicapped persons, including an invalid carriage as defined in the Act.

(2)     Whenever it is found that the address furnished in the application for driving licence or in the driving licence is false or the licensee has changed his address recorded in the driving licence without complying with the provisions of rule 12, the licensing authority may after making an enquiry and after giving a press notice in two local dailies, proceed to revoke the licence under subsection (1) of section 19 of the Act.

Rule – [28A. International driving permit.

(1)      No person below the age of 18 years shall apply for a International Driving Permit.

(2)      An application for International Driving Permit shall be made in Form IDP-1 accompanied by the following documents and application fee prescribed in Schedule 'A' to the licensing authority in whose jurisdiction he resides or he has his place of business:

(i)       Current Indian Driving Licence valid for at least next one year;

(ii)      Valid International Passport;

(iii)     Three copies of recent photographs; and

(iv)     Documents in support of proof of age.

(3)      An International Driving Permit in Form IDP-1A shall be in force for a period of one year and not renewable. Such permit shall be valid in the territories of all contracting countries for the period of one year from the date of issue of such permit. This permit in no way dismisses the obligation of the holder to conform strictly to the laws and regulations relating to residence or to the exercise of a profession which are in force in each country through which he travels.

(4)      No person, who has applied for International Driving Permit, shall appear for the test of competence to drive if he possesses Indian Driving Licence for a continuous period of ten years or above.

(5)      Fees for grant of such permit as specified in Schedule 'A' shall be paid.

(6)      The International Driving Permit issued by the authorized Automobile Association shall be countersigned by the International Driving Permit Issuing Authority having jurisdiction.

(7)      The International Driving Permit Issuing Authority shall maintain a register for International Driving Permit for necessary record.][24]

CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES

Rule – 29. Licensing authority.

The licensing authority in the city of' [Kolkata] (jurisdiction of [25][Kolkata] Police), shall be the Director, Public Vehicles Department, '[Kolkata] and elsewhere in the State, the District Magistrate :

Provided that the powers of the licensing authority may be delegated to any officer not below the rank of Motor Vehicles Inspector having jurisdiction.

Rule – 30. Enquiries to be made by the Licensing authority.

Upon the receipt of an application for a licence or for addition to or renewal of a licence, the licensing authority may make such enquiries as may be reasonably necessary to establish the identity and eligibility of the applicant.

Rule – 31. Appellate authority.

(1)     The authority empowered under sub-section (2) of section 33 and sub-section (4) of section 34 of the Act shall be

(i)       where the licensing authority is the Director, Public Vehicles Department, '[Kolkata], the Secretary, Transport Department, Government of West Bengal ;

(ii)      where the licensing authority is the District Magistrate, the Commissioner of the Division.

 Rule – 32. Conduct and hearing Of appeals.

(1)      An appeal under this rule shall be preferred in the form of a memorandum in duplicate, one copy of which shall bear the court-fee of twenty five rupees, setting forth concisely the grounds of objection to the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against.

(2)      When an appeal is lodged, a notice shall issue to the authority against whose order the appeal is preferred in such form as the appellate authority may direct.

(3)      The appellate authority may after giving an opportunity to the parties to be heard and after such enquiry, if any, as it may deem necessary, confirm, vary or set aside the order against which the appeal is preferred or make any amendment consequential thereto which may be just and proper and shall make an order accordingly.

(4)      The court-fee referred to in sub-rule (1) shall not be refundable in any case.

(5)      The provisions of section 5 of the Limitation Act, 1963 shall apply to appeals under this rule.

Rule – 33. Grant Of licence.

(1)      Every application under sub-section (1) of section 30 of the Act shall be made in Form L.Con. A. and in the manner as set forth in sub-sections (2) and (3) of the said section, and shall be accompanied by the prescribed fee under sub- section (5) of the said section.

(2)      The applicant shall, besides other conditions set forth in the Act, satisfy the licensing authority that he is cognizant of the provisions of the Act and/or of these rules and has adequate knowledge of the duties and powers of a conductor thereunder.

(3)      The prescribed fees for conductor's licence for each renewal thereof shall be as mentioned in sub-section (5) of section 30 of the Act.

Rule – 34. Medical Certificate.

(1)      The Medical Certificate under sub-section (3) of section 30 of the Act shall be in Form M.C. Con.

(2)      The photograph to be affixed to the medical certificate shall be firmly affixed and not merely pinned to the form and the medical practitioner shall affix his signature or seal to the photograph in addition to signing the form.

(3)      The licensing authority may decline to accept a medical certificate of fitness granted more than one month before the date of application for the grant or renewal of a licence, as the case may be.

(4)      Any licensing authority may require as a condition of continuing to hold a licence, the holder thereof to furnish a fresh medical certificate in the form set forth in sub-rule (1) above signed as required by sub-section (3) of section 30 of the Act if the licensing authority has reasonable grounds to believe that the holder of the licence is, by virtue of any disease or disability, unfit to act as a conductor of a stage carriage.

Rule – 35. Form of licence.

Every licence shall be in Form L.Con. duly signed or thumb impressed in duplicate on the form of application for the licence and one of the photographs referred to in sub-section (3) of section 30 of the Act shall be affixed with the application form.

Rule – 36. Extent or validity Of licences.

A conductor's licence issued in any other State shall not be effective within West Bengal unless countersigned by a licensing authority in West Bengal.

Rule – 37. Application for renewal Of licence.

Application for the renewal of a conductor's licence shall be in person to any licensing authority.

Rule – 38. Production of licence on demand.

A conductor of a state carriage shall at all times carry his licence and produce it on demand by any police officer in uniform or Motor Vehicles Inspector for inspection.

Rule – 39. Restrictions on the holding of licences.

No person shall hold more than one licence effective in the same region.

Rule – 40. Report of change of address of the licence holder.

The holder of a conductor's licence shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change of his temporary or permanent address as noted on the licence to the licensing authority by whom the licence was issued and also in suitable cases to the licensing authority by whom it was last renewed.

Rule – 41. Certain provisions of Chapter II of these rules to apply to conductor.

The provisions of rules 21 and 22 of these rules as applicable to drivers shall also apply to conductors of stage carriages, in addition to the provisions of rules 26 and 27 of these rules.

Rule – 42. Conductors' Badge.

(1)      The licensing authority may require that the conductor of a stage carriage shall display on his left breast a badge in the form illustrated in the Schedule B2 to these rules issued by and inscribed with the name of the authority by which the licence has been granted and the word "conductor" together with a photograph of the driver and an identification number which may be the same as the licence number.

(2)      A conductor of a stage carriage shall not hold more than one such badge issued, by an authority in the State.

(3)      The fee for issue of a badge as aforesaid shall be five rupees. If the badge is lost or destroyed a duplicate badge shall be issued by the authority by which it was issued on payment of five rupees:

Provided that where the actual cost incurred by the State Government for a badge exceeds five rupees, the State Government may direct that such actual cost shall be charged as the fee under this sub-rule.

(4)      If at any time the licence is suspended or revoked by any authority or by any court or ceases to be valid by efflux of time the conductor shall within seven days surrender the badge to the authority by which it was issued.

(5)      No conductor shall lend or transfer his badge to any other person.

(6)      Any person finding conductor's badge shall, unless he returns the same to the person who is known to be the holder forthwith, surrender it to the authority by which it was issued or to the nearest police-station.

(7)      In the absence of any direction from the licensing authority, the conductor of a stage carriage shall display on his left breast the word "Conductor" along with the number of his licence and the name of the licensing authority to be stitched in a visible manner on his uniform or garments.

Rule – 43. Minimum educational qualification for conductor.

The minimum educational qualification for a conductor's licence shall be a pass in the primary school or class IV standard.

Rule – 44. Communication of particulars of licences.

The state Government may by order direct that particulars of cases of revocation of licence and of disqualification under sections 31 and 35 of the Act shall be communicated by the licensing authority ordering the revocation or disqualification to all other licensing authorities in the State.

Rule – 45. Duties and conduct of conductors of stage carriage.

The conductor of a stage carriage

(a)      shall, as far as may be reasonably possible, having regard to his duties, be responsible for the due observance of the provisions of the Act and of these rules;

(b)      shall not smoke while on duty;

(c)      shall behave in a civil and orderly manner to passengers and intending passengers;

(d)      shall be cleanly dressed and shall wear khaki shirt or khaki bush shirt and khaki trousers of police pattern of khaki colour;

(e)      shall maintain the vehicle in a clean and sanitary condition;

(f)       shall not solicit customers save in a civil and quite manner;

(g)      shall not interfere with persons boarding or preparing to board any other vehicle;

(h)      shall not allow any person to be carried in any stage carriage in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number of passengers permitted under the terms of the permit to be carried standing in the vehicle;

(i)       shall not, save for good and sufficient reason, refuse to carry any person tendering the legal fare;

(j)       shall not, allow any passenger to be carried in any stage carriage without payment of the legal fare :

Provided that this clause shall not apply to any Government servants on duty, as the State Government may, from time to time by notification in the Official Gazette, specify in this behalf;

Explanation.—Where the legal fare is less than one rupee, a demand by such person for change in excess of that sum shall be a good and sufficient reason for refusing to carry such person for the purposes of this sub-rule;

(k)      shall, where goods are carried on a vehicle in addition to passenger, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by reason of the loads of goods;

(l)       shall not, save for good and sufficient reason, require any person who has paid the legal fare to alight from the vehicle before the conclusion of his journey;

(m)    shall not, loiter or unduly delay upon any journey but shall proceed to his destination, as nearly as may be, in accordance with the timetable, with all reasonable despatch;

(n)      shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical breakdown or other cause beyond the control of the driver or conductor, arrange to convey the passengers to their destination in some other similar vehicle or, if unable to so arrange within a period of half an hour after the failure of the vehicle, shall, on demand, refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare;

(o)      shall not cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;

(p)      shall issue a ticket immediately on payment of the legal fare or freight by the passenger except where arrangements outside the vehicle for the issue of tickets in advance to the intending passengers on payment of the legal fare has been made;

(q)      shall, at the conclusion of any journey make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found by him or any other person in such vehicle and as soon as may be, make over the same to a police officer at the nearest police-station within twenty-four hours or to such authority as prescribed under proviso to rule 26 of these rules;

(r)       shall not cause or allow to enter into or to be placed or carried in the vehicle any person whom he knows or has reason to believe to be suffering from an infectious or contagious disease, or the corpse, of any person whom he knows or has reason to believe to have suffered from any such disease;

(s)      may, notwithstanding anything contained in clause (r), upon application in writing by a registered medical practitioner, allow a person, suffering from an infectious or a contagious disease to be carried in a stage carriage provided that no other person save a person or persons in attendance on the sick person shall be carried in the vehicle at the same time;

(t)       shall be responsible, when a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a stage carriage, for reporting the fact to a medical officer of health and to the owner of the vehicle and neither the owner nor the driver nor the conductor shall cause or allow any person to use the vehicle until the driver and conductor and the vehicle have been disinfected in such manner as the said medical officer, may specify and a certificate to that effect has been obtained from the said medical officer;

(u)      shall assist the driver and be on the look out if other motor vehicles are approaching from behind and effectively signal their approach to the driver;

(v)      shall take reasonable precautions to prevent luggage being miscarried or lost on the way;

(w)     shall not, while on duty, be under the influence of drink or of a drug to an extent rendering him incapable of discharging his duties efficiently;

(x)      shall, on demand by any passenger, produce the complaint book to be maintained under rule 175 hereinafter for recording such remarks as the passenger may desire to make therein;

(y)      shall not, while he is on duty, permit the vehicle to be used for illegal or immoral purpose;

(z)      shall not permit any petrol or diesel to be poured into the fuel tank while the engine is in operation;

(aa) shall, whenever the stage carriage approaches an unguarded railway level crossing, stop the carriage and after alighting therefrom and ensuring that no train is approaching from either direction, cause the vehicle to follow him till the other side of the level crossing is reached;

(bb) shall, in case of an accident to the vehicle, shall make all reasonable efforts to help the injured persons and to inform the nearest police-station immediately; (cc) shall help the infant, disabled, pregnant ladies, old and aged passengers and the ladies with child in arm, to board and alight from the vehicle;

(dd) shall, when the driver is taking the vehicle in reverse direction, get down from the vehicle and be on the look out for other motor vehicles or any other obstacle at the back of the vehicle and effectively give signal to the driver;

(ee) shall not allow any explosives or dangerous or inflammable substances to be carried in the vehicle either personally luggaged or in the cargo.

Rule – 46. Prohibition against holding more than one conductor's licence.

(1)     No person shall hold more than one conductor's licence.

(2)     A conductor of a stage carriage shall, on demand by any police officer in uniform not below the rank of a Sub-Inspector or any officer of Motor Vehicles Department not below the rank of Motor Vehicles Inspector in uniform or any member of the State Transport Authority or a Regional Transport Authority, within his respective jurisdiction, produce his conductor's licence for inspection provided that, if at the time his licence is demanded, he is displaying the badge prescribed in rule 42, it shall be sufficient compliance with this sub-rule if he produces the conductor's licence within forty-eight hours at any police-station which he specifies to the person making such demand.

Rule – 47. Requirement as to photographs.

(1)      The copies of photographs required by sub- section (3) of section 30 of the Act shall be of a size not more than fifty millimeters by sixty-four millimeters. It shall be taken from front, and shall be in black and transparent colour on glazed paper.

(2)      The photographs of the holder when affixed to a conductor's licence shall be sealed with the seal of the licensing authority in such a manner that part of the impression of the seal is upon the photograph and part on the margin.

(3)      If at any time it appears to a licensing authority that the photograph affixed to the conductor's licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the conductor's licence forthwith, and to furnish two clear copies of a recent photograph of himself and the holder shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly.

(4)      If the holder fails to comply with a requisition by the licensing authority under sub- rule (3), the conductor's licence shall cease to be valid from the expiry of the said period.

(5)      Upon receipt of the copies of the photograph as provided in sub-rule (3), the licensing authority shall remove the old photograph from the conductor's licence and affix thereto one copy of the new photograph duly sealed and return the conductor's licence to the applicant and shall, if he is not the licensing authority by whom the conductor's licence was issued, forward the second copy of the photograph to the authority which issued the licence :

Provided that if the holder of the conductor's licence so desires, the licensing authority shall issue a duplicate conductor licence with a new photograph affixed thereto and shall destroy the original licence of the conductor. In such a case if the licensing authority is not the authority by whom the conductor's licence was issued, he shall inform the original licensing authority.

(6)      Where a new photograph is affixed to a conductor's licence, a note shall be made upon the photograph of the date of affixture.

Rule – 48. Conductor's licence if lost or destroyed.

(1)      if at any time a conductor's licence is lost by the holder or is destroyed, the holder shall forthwith intimate the facts, in Form C.L.D. to the licensing authority in whose area he has place of residence at the time.

(2)      Upon the receipt of intimation as aforesaid, the licensing authority shall, if he is not the authority by whom the conductor's licence was issued, apply to that authority for particulars of the conductor's licence and make endorsements thereon about any enquiries as he thinks fit, and if he is satisfied that a duplicate may properly be issued, issue a duplicate conductor's licence and send intimation to the authority by whom the conductor's licence was originally issued :

Provided that where subsequent to the issue of a duplicate licence it is found that there has been an endorsement by a court since the date of the grant or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate conductor's licence and make the necessary endorsement thereon.

(3)      Where a photograph is required to be affixed to a duplicate conductor's licence issued under the provisions of these rules, the holder of the conductor's licence shall furnish to the licensing authority two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate conductor's licence and the other shall be transmitted by the authority issuing the duplicate conductor's licence to the authority by whom the conductor's licence was issued.

(4)      [26]['Where a conductor's licence is lost of destroyed, the fee for duplicate conductor's licence issued under this rule shall be as specified in Schedule A.]

(5)      Where a duplicate conductor's licence has been issued upon representation that a conductor's licence has been lost and the original conductor's licence is afterwards found or received by the holder, the holder shall immediately return the duplicate conductor's licence to the licensing authority.

(6)      Any other person finding a conductor's licence shall deliver it to the nearest police- station or the nearest licensing authority. The Officer-in-charge of the police-station, on receipt of the conductor's licence, shall immediately forward it to the nearest licensing authority. The licensing authority shall restore the conductor's licence to the holder of the conductor's licence in case the duplicate conductor's licence has been issued, and shall substitute it for the duplicate in case such a duplicate has already been issued.

Rule – 49. Defaced or torn conductor's licence.

(1)      if at any time it appears to a licensing authority that a conductor's licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the conductor's licence and issue a duplicate.

(2)      If a conductor's licence impounded is required to have a photograph of the holder affixed thereon, then

(i)       if the photograph on the impounded conductor's licence is in the opinion of the licensing authority satisfactory and conveniently transferable to the duplicate conductor's licence, the licensing authority may so transfer, affix and seal the photograph to the duplicate conductor's licence; or

(ii)      if the photograph affixed to a conductor's licence impounded under the provisions of sub-rule (1) is not in the opinion of the licensing authority such as can be transferred to the duplicate conductor's licence, the holder of the conductor's licence shall, on demand by the licensing authority, furnish two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate conductor's licence and sealed and the other shall be kept on record by the licensing authority by whom the conductor's licence was issued.

(3)      [27][Where a conductor's licence is torn or defaced the fee for duplicate conductor's licence issued under this rule shall be as specified in Schedule A.]

Rule – 50. Issue of duplicate of conductor's licence.

(1)      When a duplicate conductor's licence is issued under rules 47, 48 and 49 of these rules, it shall be clearly stamped, "duplicate" in red ink and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.

(2)      If the licensing authority who issues a duplicate conductor's licence is not the authority by whom the conductor's licence was issued, he shall intimate the fact to that authority.

(3)      If the licensing authority who affixes a new photograph to a duplicate conductor's licence is not the authority by whom the conductor's licence was issued, he shall forward the second copy of the photograph to that authority for record.

Rule – 51. Exemptions.

The provisions of sub-section (1) of section 29 of the Act shall not apply to the driver of a stage carriage who has to perform the duty of a conductor when the conductor becomes for reasons of illness or otherwise unable to discharge his duties after the stage carriage has commenced its journey from the originating point.

CHAPTER IV REGISTRATION OF MOTOR VEHICLES

Rule – 52. Registering authority.

The registering authority shall be

(i)       for [28][Kolkata], the Director, Public Vehicles Department, [29][Kolkata],

(ii)      elsewhere in the State, the District Magistrate, excepting that the District Magistrate, 24-Parganas (North) shall not be the registering authority in respect of areas under Salt Lake and Lake Town police stations :

Provided that the registering authority may delegate its power, by order in writing, to any officer not below the rank of Motor Vehicles Inspectors having jurisdiction.

Rule – 53. Enquiries to be made by the registering authority.

(1)     Upon the receipt of an application for registration or for any other purpose under the Act, the registering authority or the authority prescribed in sub-rule (1) of rule 57 or sub-rule (1) of rule 60 or under rule 64, shall make such enquiries as may be reasonably necessary to establish the identity, eligibility and bona-fides of the applicant.

(2)     Every application for registration '[under section 41 of the Act. where the document required under clause (e) of sub-rule (1) of rule 47 of the Central Motor Vehicles Rules, 1989, is not furnished] shall also be accompanied by a certificate issued by the Officer- in-charge of the local police station under which the applicant resides verifying thereon the address of the applicant or a similar certificate from an officer of the Central or State Government subject to the satisfaction of the registering authority. This is in addition to the formalities to be complied with under rule 47 of the Central Motor Vehicles Rules, 1989 and other provisions of the Act.

(3)     [30][Every application for transfer of ownership of a motor vehicle under section 50 of the Motor Vehicles Act, 1988 shall also be accompanied by a sale-receipt issued by the transferor in the format as may be specified by order of the State Government along with the additional fee as specified in Schedule E-15. This is in addition to the formalities/requirements as provided under the Motor Vehicles Act, 1988 and the rules framed thereunder.]

Rule – 54. Appellate authority.

The authority to hear appeals against the order of the registering authority or any authority prescribed in sub-rule (1) of rule 57 or sub-rule (1) of rule 60, or under rule 64, shall be in respect of the city of [31][Kolkata] (including suburbs) the Secretary, Transport Department, Government of West Bengal; and in all other cases, the Commissioner of the Division.

Rule – 55. Conduct and hearing of appeals.

(1)      An appeal under rule 54 shall be preferred in the form of a memorandum, in duplicate, one copy of which shall bear the court-fee of rupees 25 (twenty-five only) setting forth concisely the grounds of objection to the order of the licensing authority and shall be accompanied by a certified copy of that order appealed against.

(2)      When an appeal is lodged, a notice shall issue to the authority against whose order the appeal is preferred in such form as the appellate authority may direct.

(3)      The appellate authority after giving an opportunity to the parties to be heard and after such enquiry, if any, as it may deem necessary, may confirm, vary or set aside the order against which the appeal is preferred or make any amendment consequential or incidental thereto or as may be just or proper and shall make an order accordingly.

(4)      The court fee referred to in sub-rule (1) shall not be refundable in any case.

(5)      The provisions of section 5 of the Limitation Act, 1963 shall apply to appeals under this rule

Rule – 56. Exemption Of road plant.

Nothing contained in Chapter IV of the Act or in Chapter IV of these rules shall apply to road-rollers used solely for construction and repair of roads.

Rule – 57. Issue and renewal of a certificate of fitness.

(1)      Certificate of fitness shall be issued or renewed by the registering authority or by any officer as may be empowered by such authority not below the rank of a Motor Vehicles Inspector.

(2)      An application for issue or renewal of certificate of fitness shall be made in Form C.F.A. or C.F.R.A. to these rules to the registering authority in whose jurisdiction the vehicle is normally kept.

(3)      There shall be not more than one certificate of fitness in respect of any vehicle.

(4)      The registering authority by whom the certificate of fitness was last issued or renewed, may endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly before the concerned authority.

(5)      If the owner finds that the vehicle cannot be produced for the next inspection on the date endorsed in the certificate of fitness, he shall apply to the concerned authority not less than fifteen days before the appointed date for a change in the date of inspection stating the reasons thereof.

(6)      [32][If no date, time and place for the next inspection is endorsed on the certificate of fitness as provided for in sub-rule (4), an application for the renewal of a certificate of fitness shall be made in Form C.F.R.A. to these rules not less than one month before the date of expiry of the certificate and the owner of a vehicle in respect of which such application is made shall cause the vehicle to be produced for inspection on such date and at such time and place as the concerned authority may appoint. If the owner fails to make the application on or before the date aforesaid, he shall be liable to pay 150 per cent of the fee prescribed under rule 81 of the Central Motor Vehicles Rules, 1989 for renewal of certificate of fitness and on payment of such fee, a new certificate of fitness may be issued to him. If the owner fails to produce the vehicle for inspection for renewal of certificate of fitness on or before the expiry of last certificate of fitness, he shall be liable to pay 150 per cent of the fee as prescribed under rule 81 of the Central Motor Vehicles Rules, 1989 together with the amount as shown in Schedule E-14.]

(7)      If, owing to mechanical break down or other cause, a motor vehicle, after the expiry date of the certificate, lies outside the jurisdiction of the officer of the Motor Vehicles Department by whom the certificate is to be renewed, and who has jurisdiction, the officer of the Motor Vehicles Department, without prejudice to any penalty to which the owner or driver may have become liable, if the vehicle is in his opinion fit for use, make and endorsement in Form C.F. (1) subject to such conditions as he may specify, and authorise its continued use for such time, as may reasonably be necessary for the vehicle to return to the area of the said officer and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after return without renewal.

(8)      If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any Motor Vehicle Inspector, be safely driven at a reduced speed to a place of repairs, and if such Inspector is satisfied that it is necessary that the vehicle should be so driven, he may endorse in Form C.F. (1) speed and other conditions, if any, and specify the time subject to which the vehicle may be driven to a specified destination for the purposes of repair.

(9)      When a certificate of fitness has been issued by a prescribed authority, the authority for the purpose of cancellation of the certificate under sub-section (4) if section 56 of the Act shall be the same authority.

(10)   The authority mentioned in sub-rule (9) of this rule cancelling the certificate of fitness shall give the owner or other person in charge of the vehicle, a notice in Form C.F.C. to these rules and shall along with a report of his action forward the certificate of fitness, certificate of registration and permit if any, to the registering authority under whose direction and control he may be. Ader the authority has cancelled the certificate of fitness, such authority shall, after making an endorsement in Form C.F.X. to these rules, specify the time when and the conditions subject to which, the vehicle may be driven to a specified destination for the purpose of repair.

(11)   Nothing in sub-rule (9) shall debar the owner or the person in charge of the vehicle, the certificate of fitness of which has been cancelled, from applying at any time for the restoration of the certificate of fitness if the vehicle has been repaired in such a manner that the provisions of Chapter VII of the Act and the rules made thereunder are complied with. If such a vehicle is inspected and passed within fourteen days of the date of the cancellation of the certificate of fitness but before the date of expiry specified in such certificate, no restoration fee shall be charged. If, however, the vehicle is brought for inspection at any later time, fresh certificate of fitness will be required :

Provided that notwithstanding anything contained in this rule, the renewal fee in such a case shall be double the usual fee chargeable for grant or renewal of a certificate of fitness as prescribed in the Central Motor Vehicles Rules, 1989.

(12)   While inspecting a motor vehicle, the authority shall fill in Form M.V Ins. to these rules in duplicate, and shall, on completion of inspection deliver the original copy to the owner or his driver.

Rule – 58. Loss or destruction of certificate of fitness.

[33][(1) if a certificate of fitness is lost or destroyed, the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply, in each such case, for a duplicate certificate in Form C.F.L.D. to these rules with a fee as specified in Schedule A.]

(2)      Upon receipt of intimation of the loss or destruction of a certificate of fitness, the authority shall furnish the owner with a duplicate copy of the same duly stamped "Duplicate" in red ink.

(3)      Where a duplicate certificate of fitness has been issued upon representation that the certificate of fitness has been lost and the original certificate of fitness is afterwards found or received by the holder he shall immediately return the duplicate certificate of fitness to the registering authority.

(4)      Any other person finding a certificate of fitness shall deliver it to the nearest police- station or nearest registering authority. The Officer-in-charge of the police-station on receipt of the certificate of fitness shall immediately forward it to the nearest registering authority. The* registering authority shall restore the certificate of fitness to the holder of the certificate of fitness in case the duplicate certificate of fitness has not been issued and shall substitute it for the duplicate in case such a duplicate has already been issued.

(5)      No person shall be liable to be convicted of an offence under subsection (1) of section 130 of the Act if, at the time when the certificate is demanded, he has already reported the loss or destruction thereof, in accordance with this rule and a duplicate certificate has not been delivered to him.

Rule – 59. Torn or defaced certificate of fitness.

(1)   if at any time it appears to the registering authority that the certificate of fitness is so torn or defaced in any way as to cease to be reasonably legible, he may impound such certificate, and direct the owner to apply in Form C.F.L.D. to these rules, for a duplicate certificate.

[34][(2) Upon receipt of an application under sub-rule (1) in Form C.F.L.D. to these rules together with the fee specified in Schedule A, the concerned authority shall issue a duplicate certificate of fitness clearly stamped "Duplicate" in red ink.]

Rule – 60. Temporary registration.

(1)     A temporary certificate of registration under section 43 of the Act shall be issued by the registering authority of the area in which it is applied for:

Provided that the State Government may appoint by notification in the Official Gazette any manufacturer or dealer of motor vehicles to be the authority competent to register motor vehicles temporarily subject to such conditions as may be stated in the notification.

(2)     An application for temporary registration shall be in Form 20 of the Central Motor Vehicles Rules, 1989 and clearly marked "Temporary". It shall not be necessary to fill in items 24 to 31 of that Form notwithstanding that the vehicle may be a transport vehicle, and no sale certificate in Form 21 of the Central Motor Vehicles Rules, 1989 shall be required to be furnished.

(3)     A temporary certificate of registration shall be in Form C.R. Tern, to these rules.

(4)     The authority granting a temporary certificate of registration shall, in all cases, forward a copy of Form C.R. Tern, to the registering authority in whose area the vehicle is to be ordinarily kept.

(5)     The authority granting a temporary certificate of registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be affixed to the front and rear of the motor vehicle in the manner prescribed for registration marks in these rules.

(6)     [35][The fee for temporary registration shall be as specified in Schedule A.]

Rule – [60A. Showroom inspection.

For the purpose of registration under section 41 of the Act on temporary registration under section 43 of the Act of a non-transport vehicle or a transport vehicle fitted with complete and ready body, the vehicle shall be inspected in the showroom or premises of the dealer or sub-dealer. A fee as prescribed in Schedule 'A' shall be realized from the dealer or sub-dealer for such inspection.][36]

Rule – 61. Exemption from registration fee.

(1)      No fee shall be charged for registration of motor vehicles owned by the Anjuman Mufidul Islam, the Hindu Satkar Samity, the Jewish Burial Board or by any other similar society or organisation and used exclusively for the removal of dead bodies.

(2)      No fee shall be charged for the registration of motor vehicles owned by the organisation and certified by the State Government as used solely for charitable purposes.

(3)      The State Government may by order exempt from the payment of any fee for the registration or for the transfer of ownership of motor vehicles in the name of the:

(a)      Consulate-General;

(b)      High Commission;

(c)      Trade Commission; or

(d)      Embassy; of any country which grants reciprocity in such matters or in the name of the United Nations Organisations or a mission or organisation under a foreign Government or in the name of the personnel belonging to the said officers, if used for official purposes.

(4)      Assignment of Fancy Registration Mark to Motor Car.

[37][(a) (i) The fancy registration marks of first 20 numbers in each series shall be reserved in favour of the Government of West Bengal.

(ii) If the [38][owner of any Motor Vehicle while applying for the new registration thereof under section 41 of the Act or for assignment of new registration mark under section 47 of the Act], applies to the registering authority for assignment of a registration mark which the owner has a fancy for, the registering authority shall assign the particular registration mark beyond the aforesaid reserved numbers in the series specified in sub- clause (i), to the motor car, if not already allotted, on payment of fee specified in Schedule A :

Provided that a registration mark fancied for a motor car, other than the fancy registration marks reserved in favour of the State Government specified in sub-clause (i), shall not be granted if the difference between the registration number applied for and the registration number which would have been ordinarily allotted ad seriatim be more than 3000.]

[39][(b) The fee for assignment of fancy registration mark shall be as specified in Schedule A :

Provided that the difference between the fancy registration mark and the registration mark that would have been ordinarily allotted ad seriatim shall be calculated after deduction of first 20 numbers in each series reserved in favour of the Government of West Bengal.]

(c)    This rule shall not apply to applications from members of the armed forces who have been decorated for their valour.

Rule – 62. Particulars to be printed on transport vehicle.

(1)     The following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle on the manner described

(a)      the name of the owner as set forth in the certificate of registration and his address in brief:

(b)      the unladen weight denoted by U.L (kgs.);

(c)      the gross vehicle weight denoted by G.V.W (kgs.);

(d)      the number of passengers for whom accomodation is provided denoted by Pass.;

(e)      the registered front axle weight denoted by F.A.W (kgs.);

(f)       the registered rear axle weight, each intermediate axle, if any, denoted by M.A.W. .. (kgs.);

(g)      the number and size of tyres

(h)      front axle denoted by.......Nos.X

(i)       rear axle denoted by.........Nos.X

(j)       intermediate axle denoted by.......NosX

(2)     The weight shall be stated in Kilograms and the particulars shall be set forth in English letters and numbers, each not less than 25 centimeters high and 25 centimeters wide legibly painted on a plane surface or a plate or plates affixed to the vehicle.

(3)     Vehicles registered under section 60 of the Act need not exhibit the particulars at clauses (a), (of), and (h) of sub-rule (1).

Rule – 63. Production of certificate of registration for revision of entries.

Whenever the Central Government directs by order issued under sub-section (3) of section 58 of the Act that the provisions of that sub-section shall apply in a particular locality for vehicles of a particular type with such modifications as may be specified in that order, the registering authority may either by general or individual notice require the owners of the vehicles of the particular locality and the particular type to produce the certificate of registration within such time as may be specified in the notice for revision of the entries therein of the particulars relating to the gross vehicle weight in such a manner as may be stated in the notice on payment of difference of fees if any, subject to the provisions of sub-section (4) of section 58 of the Act.

Rule – 64. Authority to suspend certificate of registration.

(1)     The authority to suspend the certificate of registration of a motor vehicle under section 53 of the Act shall in addition to any registering authority also vest with any Executive Magistrate as defined in the Code of Criminal Procedure, 1973 having Jurisdiction.

(2)     Any officer of the Motor Vehicles Department not below the rank of Motor Vehicles Inspector or any Police Officer not below the rank of Sub-Inspector or Sergeant may stop any motor vehicle, the use of which in a public place, in his opinion is likely to constitute danger to the public and examine such vehicle on a public road, or subject to the consent of the owner of the premises, or in any premises where the vehicle is kept for the time being.

Rule – [65. Fee for failure to submit application for registration of motor vehicles within prescribed or stipulated period.

if the owner fails to submit an application for registration of motor vehicles within the prescribed period as stipulated under rule 47 of the Central Motor Vehicles Rules, 1989, or to submit an application for renewal of certificate of registration within the prescribed period as stipulated under rule 52 of the Central Motor Vehicles Rules, 1989, or to submit an application for assignment of new registration mark within the prescribed period as stipulated under rule 54 of the Central Motor Vehicles Rules or to submit an application for recording the change of residence or place of business within the prescribed period as stipulated under sub-section (1) of section 49 of the Act or submit an application for recording the transfer of ownership within the prescribed period as stipulated under clause (a) or clause (b) of sub-section of section 50 of the Act, as the case may be, he shall pay the amount as specified in the Schedule A in addition to normal fees :