 t h e  motor v m i c l e s  b i l l ,  1988( "lb b e / a s  i n t r o d u c e d  i n  l o k  s a b h a ')1  p a g e  v i j  a g a i n s t  c l a u s e  n o   1^ 9 , -f o r  " a v / a r  i s "  r e a - d  " a t v a r d s "2   p a g e  v i i i ,  a g a i n s t  c l a u s e  n o i 2 0 > + j -f o r  " t e s t " r e a d  " t e s t s "3   p a g e  1   l i n e s  9  a n d  1 0 , -o f f i l t  " a n y  o f  t h e  p r o v i s i o n s  o f "p a g e  2 ;  l i n e  l 6 , -f o r  " f o  t h e " '  r e a d  " f o r  t h e "5  p a g e  7, l i n e  1 9 , -a f t e r  ''p r e s c r i b e d "  i n s e r t  " b y '   p a g e  7 ,  l i n e  2 2 , -f o r  " r i g i s t e r e d "  r e a d  " r e g i s t e r e d "7  p a g e  7, l i n e  2 3 , -f o r  " b e h i l f "  r e a d  " b e h a l f "8   p a g e  7   l i n e  2 ^ , -f o r  " b e "  r e a d -  —>by"9   p a g e  7, l i n e  37, -f o r  " l i c e n i n g " r e a d " l i c e n s i n g "1 0   p a g e  9 ,  l i n e  2 0 , -f o r  " l i c e n c e s i n g " r e a d  " l i c e n s i n g "1 1   p a g e  1 0 ,  l i n e  3 , -a f t e r  '  p r e s c r i b e d " i n s e r  t  " b y "1 2   p a g e  1 1 ,  l i n e  3 9  -a f t e r  mi l "  i n s e r t  " t h e ''13 p a ^ e  12 , l i n e  9 , -f o r  "a n  r e n e w a l  l i c e n c e " r e a d  " o n  r e n e w a l  t h e r '= ^ f " 1^   p a g e  12, l i n e  1 6 , ~f o r  '  s u b - c l a u s e  ( l ) "  r e a d  " s u b - c l a u s e  ( i ) "15  p a g e  1 3 ,  l i n e  ^ 3 , -f o r  " d r i v e n "  r e a d  " d r i v e "1 6   p a g e  19, l i r i e s  1 a n d  2 , -a f t e r  " d u r i n g ; "  i n s e r t  'f e"17 p a g e  2 0 ,  l i n e  15, -o m i t  'h o t "1 8   p a g e  2 0 ,  l i n e  2 3 , -a f t e r  " g r a n t " '  i n s e r t  " o f  l e a r n e r ' s  l i c ^ i c e s ,  a n df o r  t h e  g r a n t "19  p a g e  22 , a f t e r  l i n e  ^ 1 i n s e r t  -         " p r o v i d e d                                t h a t  b e f o r e  d i s q u a l i f y i n g                                                                                         t h e  h o l d e r  o f  a  l i c e n c e ,                                                t h e  l i c e n s i n g  a u t h o r i t y  s h a l l  g i v e  t h e  p e r s o n                                                 h o l d i n g                                                                   s u c h  l i c e n c e  a  r e a s o n a b l e  o p p o r t u n i t y  o f  b e i n g  h e a r d   "2 0   p a g e  2 2 , -o m i t  l i n e s  h 7 t o  i^-92 1   p a g e  2 3 ,  l i n e  l 8 , -f o r  " s u c h  o o u r t "  r e a d  " t h e  c b u r t  b e l o v / "2 2   p a g e  23, l i n e  19, -f o r  " t h e  c b u r t  b e l o w "  r e a d  " s u c h  o d u r t "2 3   p a g e  2 3 ,  l i n e  2 8 , -f o r  " c o f f l t n e n c e m n t "  r e a d  " c o m m e n c e m e n t "2^   p a g e  25 , l i n e  2 6 , -f i r  " a l l o t e d "  r e a d  " a l l o t t e d "2 5    p a g e  2 8   l i n e  25 , -a f t e r  " w i t h "  i n s e r t  " t h e "| f o r           | " g e n e r a l "               | r e a d                               | " c e n t r a l "                     ||-----------------|---------------------------------|---------------------------------------|---------------------------------------|| 27              |                                 |                                       |                                       ||                |                                 |                                       |                                       || 5               |                                 |                                       |                                       || '               | p a g e                         |                                       |                                       || 31              |                                 |                                       |                                       || , l i n e       |                                 |                                       |                                       || 7               |                                 |                                       |                                       || , -             |                                 |                                       |                                       || a f t e r       | " w h i c h "                   | i n s e r t                           | " s u c h "                           || 2 8            | p a g e                         | 3 1 ,  l i n e                        | 2 2 , -                               || " v h i c l e " | r e a d                         | " v e h i c l e "                     |                                       || 2 9            |                                 |                                       |                                       || 39              |                                 |                                       |                                       || ;               | i n                             | t h e  m a r g i n a l  h e a d i n g | t o                                   || q g lt  " ly " |                                 |                                       |                                       || 3 0            | '                               | l i > ^ e  1 2 , -                    |                                       || f o r           | " a u t h o r i t i e s "       | r e a d                               | " a u t h o r i t y "                 || 31              |                                 |                                       |                                       ||  -             | p a g e                         | i+                                    |                                       || 9               |                                 |                                       |                                       || , l i n e       | 2 0  -                         |                                       |                                       || f o r           | " a u t h o r t i y "           | r e a d                               | " a u t h o r i t y "                 || 3 2   )       | p ^ s -                         | l i n e                               | 1 2 , -                               || f o r           | " t h e  n a i l s "            | r e a d                               | " t h a t  m a i l s "                || 3 3            | p a g e                         | 5 o ,  l i n e                        | l l f , -                             || f o r           | " l e v e i d "                 | r e a d                               | " l e v i e d  "                      || 3 ^  - ^       |                                 |                                       |                                       || 51              |                                 |                                       |                                       || ,               | l i n e  3 , -                  |                                       |                                       || f o r           | " p a r t i c u l a r l y "     | r e a d                               | ' ^ ^ a r t i c u l a r s "           || 3 5            | p a g e                         |                                       |                                       || 52              |                                 |                                       |                                       || ,               | l i n e                         | ^ , -                                 |                                       || f o r           | " v e h i c l e s "             | r e a d                               | " v e h i c l e "                     || 3 6            | p a g e                         |                                       |                                       || 52              |                                 |                                       |                                       || , l i n e       | 1 8 , -                         |                                       |                                       || f o r           | " a p p  l i  c a n t  i o n  " | r e a d                               | " a p p l i c a t i o n "             || 3 7            | p a g e                         |                                       |                                       || 52              |                                 |                                       |                                       || ,               | l i n e                         |                                       |                                       || 20              |                                 |                                       |                                       || , -             |                                 |                                       |                                       || f o r           | " s t a b i l t y "             | r e a d                               | " s t a b i l i t y "                 || 3 8  : ' '     | p a g e                         |                                       |                                       || 53              |                                 |                                       |                                       || ,               | l i n e                         |                                       |                                       || 9               |                                 |                                       |                                       || , -             |                                 |                                       |                                       || f o r           | " c g n d i t o n s "           | r e a d                               | " c o n d i t i o n s "               || 3 9  '         | p a g e  6 0 ,                  | i n                                   | t h e  m a r g i n a l  h e a d i n g || f o r           | " p e r m t e s                 | f o  r  t h e " '                    | r e a d                               || p a g e  6 3 ,  | l i n e  3 7 , -                |                                       |                                       || a f t e r       | "                               |                                       |                                       || 77              |                                 |                                       |                                       || , "             | i n s e r t                     | "                                     |                                       || 79              |                                 |                                       |                                       || , "             |                                 |                                       |                                       |^ 1  p a g e  67  l i n e  27, -a f t e r  " ^ r a n t  o f "  i n s e r t  'a'^ 2   p a g e  7 0   i n  t h e  m a r g i n a l  h e a d i n g  t o  c l a u s e  9 8 , -  o a l t  " v i "1+3 p a g e  73, l i n ef o r  " p a d t "  r e a d  " p a r t "  p a g e  75; l i n e  2 3 , -a f t e r  " t o "  i n s e r t  " a l l  o r "^■5 p - ^ g e  % 5  l i n e  2 8 , -a f t e r  " g o v e r n i n g "  i n s e r t  " a l l  o r "  p a g e  8 0 ,  i n  t h e  m a r g i n a l  h e a d i n g  t o  c l a u s e  1 2 3 , -  a f t e r  " b o a r d " ,  i n s e r t  " ,  e t c "  h ?   p a g e  8 1 ,  l i n e  15, -f o r  " b u r n e d "  r e a d  " b u r n t "1+8 p a g e  8 2 ,  l i n e  8 , -f o r  " a c k n o w l e d m e n t " r e a d  " a c k n o w l e d g e m e n t "  ^ 4 9 p a g e  8 3 ,  i n  t h e  m a r g i n a l  h e a d i n g  t o  c l a u s e  1 3 2 , -  f o r  " c a s e "  r e a d  " c a s e s "5 0   p a ? e  i n  t h e  m a r g i n a l  h e a d i n g  t o  c l a u s e  179,-f o r  " d i s o b e d i e n c e s "  r e a d  " d i s o b e d i e n c e '  '5 1   p a g e  1 o 7 ,  l i n e  25, -f o r  " 1 8 5 "  r e a d  " s e c t i o n  185"5 2   p a g e  119, l i n e  1, -f o r  " 2 1 6  "  r e a d  " 2 1 5   "5 3   p a g e  1 1 9 ,  l i n ef o r  " c o m m e n c e m e n t s "  " r e a d  " c o m m e n c e m e n t "new delhi;m a y  12, 1988____________ _v a i s a k h a  2 2 ,  1910 ( s a k a j■jhe motok i ' s h i c l e s  b i l l ,  1^88 ( a s  i n t r o d u c e d  i n  l p k  s a b h a )1 p a g e  6 ,  l i n e  i + , -f o r  " h i m s ' ^ l f " r e a d  " h i m "2  p a g e  19, l i n e  3, -f o r  " s u r r e n d r i n g "  r e a d  " s u r r e n d e r i n g "3  p a g e  19, l i n e  22, -f o r  " d a t e "  r e a d  " d a t e s "i f   p a g e  20, l i n e s  l 6  a n d  17, -f o r  " r e f e r e d "  r e a d  " r e f e r r e d "5  p a g e  20, l i n e  ^ 2 , -f o r  " u n d e r  t h e "  r e a d  " u n d e r  t h i s "6   p a g e  2 1 ,  l i n e  3 , -f o r  " m u l t i  l a  t e d "  r e a d  " i i u t i l a t e d "7   p a g e  2 1 ,  l i n e  2h  -f o r  " b o l d s "  r e a d  ' t i o l d s "8  p a g e  35, l i n e  3 l f , -a f t e r  "pcriof^i n s e r t  " o f "9  p a g e  39, l i n t  i 6 , -f o r  " s p e c i f y "  r e a d  " s p e c i f y ,  i a a y "10 p a g e  39, l i n e  27, -f o r  " r e q u i r e r a n t s "  r e a d  " r e q u i r e m e n t s "11  p a g e  39- l i ^ - e  32, -a f t e r  " t o  b e "  i n s e r t  " t h e "12  p a g e  l i n e  30, -a f t e r  " s u b - s e c t i o n  ( 1 ) "  i n s e r t  " o f  s e c t i o n "13  p a g e  i+9 , l i n e  12, -f o r  ''v e h i c l e "  r e a d  ''v e h i c l e s " ^p a g e  50, l i n e  19, -f o r  "t h e  v ^ i c l e " r e a d  ''v e h i c l e "1 5 p a g e  52, l i n e  l 6 , -f o r  " > h e t h e r " r e a d  '' l ^ i e r e "1 6   p a g e  57, l i n e  1 2 , -f o r  "a  r e n e w a l " r e a d  " t i i e  r e n e w a l "17  p a g e  65 , a g a i n s t  l i n e  30 i n  t h e  m a r g i n , -f o r  " 1+0 o f  1 9  3 9  " r e a d  " 1 + o f  1 9  3 9  "18  p a g e  6 6 ,  l i n e  ^ 2 , -f o r  '' c a r r i a g e " r e a d  ''c a r r i a g e s "19  p a g e  67 , l i n e  8 , -f o r  ''c a r r i a g e " r e a d  " c a r r i a g e s "20   p a g e  106, i n  t h e  m a r g i n a l  h e a d i n g  t o  c l a u s e  1 8 3 , a f t e r  '' s p e e d " i n s e r t  " , etc^2 1   p a g e  1 1 6 ,  l i n e  l 5, -f o r           " l i c e n s e "                                  r e a d                                               ''l i c e n c e "nsw deihi;j ' u l y  2 0 ,  1 9 8 8  a s a d h a  29, 1910 ( s a k a ) the motor vehicles bill, 1988 arrangement o f clauses chapter i p relim inary clauses1 short title, extent and commencement2 definitions chapter ii l icensing of drivers of motor vehicles3 necessity for driving licence 4 age lim it in connection w ith driving of m otor vehicles5 responsibility of ow ners of m otor vehicles for contravei^tion of sections 3 and 46 restrictions on the holding of driving licences7 restrictions on the granting of learner's licences for certaiavehicles8 g rant of learner's licence9 g rant of driving licence10 form  and contents of licences to drive11 additions to driving licence i12 licensing and regulation of schools or establishm ents for in i'parting instruction in driving of m otor vehicles13 e xtent of effectiveness of licences, to drive m otor vehicles14 cxirrency of licences to drive m otor vehicles15 renew al of driving licences16 revocation of driving licence on grounds of disease or disabihty 17 o rders refusing or revoking driving licences and appeals there­from18 d riving licences to drive m otor vehicles, belonging to thec entral governm ent19 p ow er of licensing authority to disqualify from  holding a drivinglicence or revoke such licence20 pow er of c ourt to disqualify 21 suspension of driving licence in certain cases22 suspension or cancellation of driving licence on conviction23 effect of disqualification order 24 endorsem ent25 t ransfer of endorsem ent and issue of driving licence free fromendorsem ent26 m aintenance of s tate registers of d riving licences27 pow er of c entral g overnm ent to m ake rules28 pow er of the state g overnm ent to m ake rules chapter iii l ic en sin g o f coijductors o f stage carriages29 necessity for conductor's licence30 g rant of conductor's licence31 disqualifications for the grant of conductor's licence32 revocation of a conductor's licence on groim ds of disease ordisability33 o rders refusing, etc, conductor's licences and appeals therefrom 34 pow er of licensing authority to disqualify35 pow er of court to disqualify36 c ertain provisions of c hapter ii to apply to conductor's licence 37 savings 38 pow er of state g overnm ent to m ake rules chapter iv r egistration o f m o to r vehtcles39 necessity for registration40 registration, w here to be m ade 41 r egistration, how  to be m ade42 special provision for registration of m otor vehicles of diplo­m atic officers, etc43 tem porary registration44 production of vehicle a t the tim e of registration45 refusal of registration or renew al of the certificate of regist­ration cua-uses46 effectiveness in india of registration47 a ssignm ent of new  registration m ark on rem oval to anothwstatei48 no objection certificate49 change of residence or place of business50 t ransfer of ownership51 special provisions regarding m otor vehicle subject to hire-purchase agreem ent, etc52 a lteration in  m otor vehicle53 suspension of registration54 cancellation of registration suspended im der section 5355 cancellation of registration56 certificate of fitness of transport vehicles 57 appeals58 special provisions in regard to transport vehicles59 pow er to fix the age lim it of m otor vehicle60 registration of vehicles belonging to the central government61 application of c hapter to trailers62 inform ation regarding stolen and recovered m otor vehicles tobe furnished by the police to the state transport authority63 m aintenance of state registers of m otor vehicles64 pow ers of the c entral governm ent to m ake rules65 pow er of the state governm ent to m ake rules chapter v control of transport? vehicles66 necessity for perm its67 i^ w e r to state g overnm ent to control road transport68 t ransport authorities69 g eneral provision as to applications for permits70 application for stage carriage permit 71 procedure of regional transport a uthority in consideringapplication for stage carriage permit72 g rant of stage carriage perm its73 application for contract carriage permit clauses74 grant of contract carriage perinit75 scheme for renting of motor cabs76 application for privale service vehicle permit 77 application for goods carriage permit78 consideration of application for goods carriage permit79 grant of goods carriage permit80 procedure in applying for and granting permits81 duration and renewal of permits82 transfer of permit83 replacement of vehicles84 general conditions attaching to all permits-85 general form of permits ,86 cancellation and suspension of permits87 temporary permits ,88 validation of permits for use outside region in which granted89 appeals90 revision91 restriction of hours of work of drivers92 voidance of contracts restrictive of liability 93 a gent or canvasser to obtain licence 94 bar on jurisdiction of civil courts ,, 95 power of state government to make rules as to stage carriage and contract carriages96 power of state government to make rules for the purposes of thischapter i chapter vis pecial provisions relating to state transport ttndbbtaiongs97 definition 98 chapter to override chapter v and other laws ,99 preparation and publication of proposal regarding road transportservice of a state transport imdertaking100 objection to the proposal101 operation of additional services by state transport under­taking in certain circumstances102 cancellation or modification of schieme clavses103 issue of perm its to state transport undertakings 104 r estriction on grant of perm its in respect of a notified areaor notified route105 principles and m ethod of determ ining compensation and i paym ent thereof106 disposal of articles found in vehicles107 pow er of state governm ent to m ake rules108 c ertain powers of state governm ent exercisable by th(c entral governm ent chapter vii construction, eqxjipment and maintenanice of motor vehicles109 g eneral provision regarding construction and m aintenanceof vehicles110 pow er of c entral governm ent to m ake rules 111 pow er of state g overnm ent to make rules chapter viii control op t raffic112 lim its of speed113 lim its of w eight and lim itations on use114 pow er to have vehicle weighed 115 pow er to restrict the use of vehicles11® pow er to erect traffic signs117 parking places and halting stations118 driving regulations119 d uty to obey traffic signs120 vehicles w ith left hand control121 signals and signalling devices122 leaving vehicle in dangerous position 123 riding on running board, etc124 prohibition against travelling w ithout pass or ticket125 o bstruction of driver126 stationary vehicles127 removal of m otor vehicles abandoned or left unattendedon a public place128 safety m easures for drivers and pillion riders cli^uses , 129 w earing of protective headgear130 d uty to produce licence and certificate of registration131 d uty of the driver to take certain precautions at unguardedrailw ay level crossings132 d uty of driver to stop in certain cases133 d uty of ow ner of m otor vehicle to give inform ation134 d uty of driver in case of accident and in ju ry  to a person135 schem es to be fram ed for the investigation of accident casesand wayside am enities, etc136 inspection of vehicle involved in accident137 pow ers of c entral g overnm ent to m ake rules138 pow er of state g overnm ent to m ake rules- chapter ixm otor vehicles tem po r a r ily leaving or v isit in g i ndia139 pow er of c entral g overnm ent to m ake rules chapter x i n a b ility w it h o u t fa u lt in  c erta in cases140 liability to pay compensation in certain cases on theprinciple of no fau lt141 provisions as to other rig h t to claim  com pensation for deathor perm anent disablem ent142 p erm anent disablem ent143 a pplicability of c hapter to certain claim s under act 8 of1923144 o verriding effect chapter xii n surance o f m otor vehicles against third party r isk s145 definitions146 necessity for insurance against th ird  p arty risk147 r equirem ents of policies and lim its of liability148 v alidity of policies of insurance issued in reciprocatingcountries149 d uty of insurers to satisfy judgm ents and aw ar is against persons insured in respect of third p arty risks cu^uses i150 rights of third parties against insurers on insolvency ofthe insured151 d uty to give inform ation as to insurance152 settlem ent betw een insurers and insured persons153 saving in respect of sections 150, 151 and 152 154 insolvency of insured persons not to aifect liability of in­sured or claims by third parties155 effect of death on certain causes of action156 effect of certificate of insurance157 transfer of certificate of insurance156 production of certain certificates, licence and perm it in certain cases159 production of certificate of insurance on application forauthority to use vehicle160 d uty to furnish particulars of vehicle involved in accident161 special provisions as to compensation in case of hit and rimm otor accident162 refund in certain cases of compensation paid under section161163 scheme for paym ent of compensation in case of hit and runm otor accidents164 pow er of central g overnm ent to make rules chapter x ii claim s t ribunals165 claims tribunals166 application for compensation167 option regarding claims for compensation in certain cases168 a w ard of the claims tribunal169 procedure and powers of claims tribunals170 im pleading insurer in certain cases171 a w ard of interest w here any claim is allowed172 a w ard of compensatory costs in certain cases173 appeals174 recovery of money from  insurer as arrear of land revenue175 bar on jurisdiction of civil courts 176 pow er of state governm ent to make rules chapter xiii o ffen ces, pe n a lties and proceinjre c la u ses177 general provision for punishment of offences178 penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal t» ply contract carriage, etc179 disobedience of orders, obstruction cind refusal of informa­tion180 allowing unauthorised persons to drive vehicles181 driving vehicles in contravention of section 3  or section 4182 offences relating to licences 183 driving at excessive speed, etc184 driving dangerously185 driving by a drunken person or by a person under the i»-fluence of drugs186 driving when mentally or physically unfit to drive187 punislmient for offences relating to accident188 punishment for abetment of certain offences189 racing and trials of speed 190 using vehicle in unsafe condition191 sale o f  vektcle in or alteration of vehicle to condition c o b -travening this act192 using vehicle without registration or permit193 punishment of agents and canvassers without proper au­thority194 driving vehicle exceeding permissible weight 195 imposition of minimum fine under certain circumstances196 driving uninsured vehicle197 taking vehicle without authority, ^198 unauthorised interference with vehicle199 offences by companies 200 composition of certain offences201 penalty for causing obstruction to free flow of traffic,202 power to arrest without warrant203 breath tests204 laboratory test205 presumption of unfitness to drive 206 power of police officer to impound document c lauses207 power to detain vehicles used without certificate of registrationpermit, etc208 summary disposal of cases209 restriction on conviction 2 1 0  courts to send intimation about conviction chapter xiv m isc e lla n e o u s2 1 1  power to levy fee i212 publication, commencement and laying of rul«s and «otifications213 appointment of motor vehicles officers214 effect of appeal and revision on orders passed by origi»»lauthority215 road safety councils and committees► 216 power to remove difficulties217 repeal and savings the schedule the motor vehicles bill, 1988 a billto consolidate and hmend the law relating to motor vehiclesb e it enacted by parliament in the thirty-ninth year of the republic of india as follows:— ■, chapter i p r e l im in a b t5  1 (1) this act may be called the motor vehicles act, 1988 short title,(2) it extends to the whole of india , ment(3) it shall come into force on such date as thje central government j^ay, by notification in the official gazette, appoint; and different dates may be appointed for different states and any reference in any of the 10 provisions of 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 state2 in this act, unless the context otherwise requires,^— definl-             (1) "area", in relation to any provision of this act, means such 15         area as the state government may, having regard to the requirementg        of that provision, specify by notification in the official gazette;      (2 ) "articulated vehicle'' means a motor vehicle to which a semi­trailer is attached;    (3) "axle weight'' means in relation to an axle of a vehicle thetotal weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests;                                                                       i    (4) "certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle has been duly 5 registered in accordance with the provisions of chapter iv;    (5) "conductor", in relation to a stage carriage, means a personengaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other func­tions as may be prescribed;                                                                        10    (6) "conductor's licence" means the licencje issued by a competent authority under chapter iii authorising the person specified therein to act as a conductor;    (7) "contract carriage" nveans a motor vehicle which carries apassenger or passengers for hire                                      or reward and is engaged ^5 under a contract, whether expressed or implied, fo 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—                                                                    20    (a) on a timei basis, whether or not with reference to anyroute 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 25 includes—                                                       |(i) a maxi-cab; and    (ii) a motor-cab notwithstanding                                        that                                              separate fares arecharged for its passengers;(8) "dealer" includes a person who is engaged—                                                                3 0(a) in the manufacture of motor vehicles; or(b) in building bodies for attachment to chassis; ori                      (c) in the repair of motor vehicles; or     (d) in the business of hypothecation, leasing or hire-purchaseof motor vehicle;                                                                                   3 5     (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 vehlclfe;     (10) "driving licence" means the licence issued by a competentauthority under chapter ii authorising                                                    the person spjecified therein ^to drive, otherwise than as a learner, a motor vehicle                                                                 or a                                                                          motorvehicle of any specified class or djescription;     (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 stafe of the edu- cational institution in connection with any of its activities;     (12) "fares" includes sums payable for a season ticket or in res­pect of the hire of a contract carriage;     (13) "goods" includes live-stock, and anything (other than equip­ment ordinarily used with the vehicle) carried by a vehicle except liv­ing persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal5 luggage of passengers travelling in the vehicle;(14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;(15) "gross vehicle weight'' means in respect of any vehicle the1 0  total weight of the vehicle and load certified and registered by theregistering 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 1 2 ,0 0 0  kilograms;1 5 (17) "heavy passenger motor vehicle ' means any public servicevehicle or private service vehiclp or educational institution bus or omnibus the gfo6s vehicle weight of any of which, or a motor car the unladen weight of which, excjeeds 1 2 ,0 0 0  kilograms;(18) "invalid carriage" means a motor vehicle specially designed2 0  and constructed, and not merely adapted, for the use of a personsuffering from some physical defect or disability, and used solely by or for such a person; ,             (19) "learner's licence" means the licence issued by a competent         authority under chapter ii authorising the person specified therein25        to drive as a learner, a motor vehicle or a motor vehicle of any spe­        cified 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 omnibus30 the gross vehicle wfsight of either of which or a motor car or tractoror road-roller the unladen weight of any of which, does not exceed 6 , 0 0 0  kilograms;      (2 2 ); "maxi cab"                                  means any                                                    motor                                                                vehicle                                                                             constructed                                                                                                or adapted to carry more                                     than six passengers,                                                                      but not more than3 5  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 institution4 0  bus other than a motor cycle, invalid carriage, light motor vehicleor heavy passenger motor vehicle;(25) "motor cab" means any motor vehicle construcljed or adap­ted to carry not more than six passengers excluding the driver for hire or reward;(26) "motor car" means any motor vehicle other than a trans­port vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage;(27) "motor cycle" means a two-wheeled motor vehicle, inclu­sive of any detachable side-car having an extra wheel, attached to 5the motor vehicle; ;(2s) ''iiaoior 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  0  a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty five cubic centimetres; ,(29) "omnibus" means any motor vehicle constructed or adap­ted to carry more than six persons excluding the driver;(30) "owner" means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relatitai to a motor vehicle which is the sub- 2 0  ject of a hire-purchase, agreement, or an agreeinent of lease or an agreement of hypothecation, the person in possession of the vehide under that agreement;(31) "permit" means a permit issued by a state or regional transport authority or an authority prescribed in this behalf under 25 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 3 q 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 other^vise than for hire or reward but does not include a motor vehicle used for public purposes; i(34) "public place" means a road, street, way or other place, 35 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 er set down by a stage carriage;(3 5 ) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, 4 0  and includes a maxi-cab, a motor-cab, contract carriage, and stage carriage;(36) "registered axle weight" means in r«spect 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 anpowered te register motor vehicles under chapter iv;(38) "route" means a line of travel whieh specifies the highway which may be traversed by a motor vehicle between one terminus and another;(39) "semi-trailer" means a trailer drawn by a motor vehicle and5 so constructed that a part of it is super-imposed on, and a part of itsweight is home by, the drawing 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,1 0  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 undertaking1 5 providing road transport service, where such undertaking is carriedon by,—(i) the central government or a state government; ;                        (ii) any road transport                                                   corporation established                                                                            under64 of 1050                    section 3 of the road transport corporations act, 1950;2 0  ; (wi) any municipality or any corporation or company ownedor controlled by the central government or one or more state governments, or by the central government and one or more state governments, e xplanation—^for the purposes of this clause, 'road transport 2 5  service' means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;(43) "tourist vehicle" means a contract carriage constructed or ; adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf;3 0  (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;40(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 buch alternative part or body;(49) "weight" means the total weight transmitf ad for the time being by the wheels of a vehicle to the surface on which the vehicic< rasts chapter ii liosnsikg o f imivbis o f m o to r vesnclbsnecessitylordrivinglicence3 (1 ) no person shall drive a motor vehicle in any public place \uiless he holds an effective driving licence issued to himself authorising him to drive the vehicle; and no person shall so drive a transport vehicle 5  [other than a motor cab hired for his own use or rented under any scheme made under sub-section (2 ) of section 7 5 ] 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 lo such as may be prescribed by the central government4 (i) no person under the age of eighteen years shall drive a motor vehicle in any public place;provided that a motor cycle without gear may be driven in a public place by a person after attaining the age of sixteen years 1 5| age limit   |     ||-------------|-----|| in connec­   |     || tion with   |     || driving     |     || of motor    |     || vehicles   |     |(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 applica­ tion unless he is eligible to drive that class of vehicle imder this section,5 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 vehicle6  (i) no person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner's 2 5  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 vehicleresponsi­bility of owners ofmotor vehicles for contra­vention of sections 3 and 4 restric­tions on the hold­ing of driving licences(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 (i) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive7 (1) no p«rfon shall be granted a learner's licence—(a) to drive a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;restric­tions on the grant­ing of learner's licences for j certain vehicles(b) to drive a heavy passenger motor vehicle unless he has held a driving licence for at least two years to drive a light motor vdiiele 4 0  or for at least one year to drive a medium passenger motor vehicle:(c) to drive a medium goods vehicle or a medium passenger motor vehide unless he has held a driving licence for at least one year to drive a light motor vehicle(2 ) no person under the age of eighteen years shall lie granted a 5 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 ittarner's licence8  (i) any person who is not disqualified under section 4 for driving grant of a motor vrfiicle and who is not for the time being disqualified for hold- 1 0  ing or obtaining a driving licence may, subject to the provisions of sec- tion 7, apply to the licensing authority having jurisdiction in the area—(i) in which he ordinarily resides or carries on business, or            (li) in which the school or establishment referred to in section 1 2       from where he intends                                    to receive instruction in driving a motor 15        vehicle is situate,for the issue to him of a learner s licence    (2)               every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed the central government                                                           »20 (5) every application under sub-section (1 ) shall be accompanied bya medical certificate in such form as may be prescribed by the central government and signed by such rigistered medical practitioner, as the state government or any person authorised in this behllf by the state government may, be notification in the official gazette, appoint for this 25 purpose, <(4) if, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's30 licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's licence;provided that a learner's licence limited to driving an invalid car­riage may be issued to the applicant, if the licensing authority is satis- 35 fied that he is fit to drive such a carriage(5) no learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licening authority such test as may be prescribed by the central government(6) when an application has been duly made to the appropriate 40 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 4 5  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 (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 sub­section (3), or sub-section (5), or both10      (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                                   ,grant of driving licence    9              (1) any person who is not for the time being disqualified for hold­ing or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area—                                                                                                                 1 5(i) in which he ordinarily resides or carries on business, or(ii) in which the school or establishment referred to in section 1 2 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                                                                            20-    (2)                every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the central government      (3)                  no driving licence shall be issued to any applicant unless                                                                                                      he passes to the satisfaction of the licensing authority such test of compe- 25 tence to drive as may be prescribed by the central government:    provided that, where the application is for a driving licence to drive a motor cycle or a light motor vehicle, the licensmg authority shall ex­empt the applicant from the test of competence prescribed under this sub­section, if the licensing authority is satisfied—                                                                            30        (a) (i) that the applicant has previously held a driving licence     and that the period between the date of expiry of that licence and     the date of such application does not exceed five years; or        (ii)                  that the applicant holds or has previously held a driving     licence issued under section 18; or                                                                            35        (iij) that the applicant holds a driving                                                    licence                                                              issued                                                                      by a     competent authority of any country outside india; and        (b) that the applicant is not suffering from any disease or dis­    ability which is likely to cause the driving by him of a motor cycle    or, as the case may be, a light motor vehicle to be a source of 4 0      danger to the public; and the licencing authority may for that pur­   pose require the applicant to produce a medical certificate in                                                                       the     same form and in the same manner as is referred to in sub-section    (3) of section 8 :   provided further that where the application is for a driving licence 4 5  to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the state government         (4)                        v/here                                    the                                           application is for a licence to drive a transport   vehicle, no such authorisation shall be granted to any applicant unless   he possesses such minimum educational qualification as may be prescribed   by the central government and a driving certificate issued by a school 5 or establishment referred to in section 12^ (5) where the applicant does not pass to the satisfaction of thelicensing authority the test of competence to drive under sub-section(3), he shall not be qualified to re-appear for such test,—(a) in the case of first three such tests, before a period of one1 0  month from the date of last such test; and(b) in the case of such test after the first three tests, before a period of one year from the date of last such test(6 ) the test of competence to drive shall be carried out in a vehicle of the type to which the application refers:15 provided that a person who passed a test in driving a motorcyclewith gear shall be deemed also to have passed a test in driving a motorcycle without gear, (7) when any application has been duly made to the appropriatelicensing authority and the applicant has satisfied such authority of his 2 0  cornpetence to drive the licencesing 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 25 not the appropriate licensing authority, if the licensing authority is satisfie4  tiiat there is good and sufficient reason for thie applljcant'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 30 licence, unless it is satisfied that there is good and sufrcient reason for his inability to obtain a duplicate copy of his fonner licence                          (8 ) if the licensing authority is satisfied, after giving the                                                                                                                   applicant                   an opportunity of being heard, that he—j                                (a) is a habitual criminal or a habitual drunkard; or3 5  (b) is a habitual addict to any narcotic drug or psychotropicsubstance within the meaning of the narcotic drugs and psycho- 61 of 1985 tropic substances act 1985; or(c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked,40 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 authority4 5  (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 gearform16 (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 the central governmentandcontentsoflicences to drive    (2)            a learner's licence or, as the case may be,                                                                       driving licence shallalso be expressed as entitling the holder to drive                                                                    a motor vehicle of one                                                                                                      5or more of the following classes, namely:—(a) motor cycle without gear;(b) motor cycle with gear; ,(c) invalid carriage;(d) light motor vehicle; 1q(e) medium goods vehicle;(/) medium passenger motor vehicle;(g) heavy goods vehicle;{h) heavy passenger motor vehicle;(i) road-roller; 1 5(j) motor vehicle of a specified description •additionstodrivinglicence11 (i) any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or des­cription of motor vehicles, may apply to the licensing authority having 2 0  jurisdiction in the area in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the central government for the addition of such other class or description of motor vehicles to the licence(2) subject to such rules as may be prescribed by the central gov- 25 ernment, the provisions of section 9  shall apply to an application under this section as if the said application we^e 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 licence12 (1 ) the central government may make rules for the purpose of 3 0  licensing and regulating, by the state governments, schools or establish­ments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith(2) in particular, and without prejudice to the generality of the fore­going power, such rules may provide for all or any of the following 35 matters, namely: —| licensing   |     ||-------------|-----|| and         |     || regu­        |     || lation of   |     || echools or  |     || establish­   |     || m ents for  |     || imparting   |     || instruc­     |     || tion in     |     || driving     |     ||             |     || of motor    |     || vehicles   |     |(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 parti- 40 culars 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 suchlicences and appeals against the orders revoking such licences;                                                                                            1                                                                                                 4 5(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;10(j) suitability of the premises at which such schools or estab­lishments may be established or maintained and facilities to be pro­ vided therein;(k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess;15(i) 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;20(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;25(p) such other matters as may be necessary purposes of this sectionto carry out the(5) where the centxal government is satisfied that it is necessaiy 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,35(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 montii and such application is in the prescribed form, contains the pres­cribed particulars and is accompanied by the prescribed fee, till disposal40 of such application by the licensing authority13 a learner's licence or a driving licence issued under this act shall be effective throughout indiaextent ofeffective­ness of licences, to drive motor vehicles    14 (1 ) a learner's licence issued under this                                                         act shall, subject to                                                                                theother provisions of this act, be effective for a period of six months fromthe date of issue of the licencecurrencyoflicences to drive motorvehicles(2) a driving licence issued or renewed under this act shall,—(a) in the case of a licence to drive a transport vehicle, be effec- 5  tive for a period of three years; and(b) in the case of any other licence,—    (i) if the person obtaining the licence, either originally                                                                  oran renewal licence, has not attained the< age of forty years                                                                  on the date of issue or, as the case may be, renewal thereof,—                                                                     iq    (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 ageof forty years,                            «whichever is earlier;                                  i                                                                      1 3    (ii) if the person referred to in sub-clause (1 ) has attained the age of forty years on the date of issue or, as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal:    provided that every driving licence shall, notwithstanding its expiry 2 0  under this sub-section, continue to be effective for a period of thirty                                                                       daysfrom such expiry                        i  15- (1) any licensing authority may, on application made                                                              to                                                                  it,renew a driving licence issued under the provisions of this act                                                                 with25effect from the date of its expiry:renewalofdrivinglicencesprovided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving lic<"nce shall be renewed with effect from the date of its renewal:   provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other                                                              case the 3 0  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                                                                        3 5     (2) an application for the renewal of a                                                             driving licence shall be made in such form and accompanied by such documents as may be pres­cribed by the central government    (3) where an application for the renewal of a driving licence is made previous to, or not more than thirty days after the date of its 4 0  expiry, the fee payable for such renewal shall be such as may be pres­cribed by the central government in this behalf   (4) where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable forsuch 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 5 a driving licence made under this sub-section if it is satisfied                                                                    that the  applicant was prevented by good and sufficient cause                                                             from applying  within the time specified in sub-section (3 )      provided further that if the application is made more than five years    after the               driving licence has                                     ceased to be effective,                                                              the                                                                   licensing iq authority may refuse to renew the driving licence, unless the applicant   undergoes and passes to its satisfaction the test of competence to drive   referred to in sub-section (3) of section 9          (5)                        where the application for renewal has been rejected, the fee paid     shall be refunded to such extent and in such manner as may be pres- 15 cribed 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 licence16 notwithstanding anything contained in the foregoing sections, any revoca­tion of driving licence on grounds ol disease or disability2 0  licensing authority may at any time revoke a driving licence or mayrequire 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 25 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 thje fact of revocation to the authority which issued that licenceorders refusing or revok­ing driv­inglicencesandappealstherefrom17 (1) where a licensing authority refuses to issue any learner's 30 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 4 0  the authority which made the order            18 (1) such authority as may be pxescribed by the central                                                                                                                                  gov­     ernment may issue driving licence valid throughout india to persons      who have completed their eighteenth year to driven motor vehicles which      are the property or for the time being under the exclusive control of thedriving licences to drive motor vehicles, belong­ing to 4 5  central government and are used for government purposes relating to the defence of the country and unconnected with any commercial enterpriseft he central govern­m e n t(2) a driving licence issued under this section shall specify the class or description of vehicle which the holder is e^ititled to drive and the 50 period for which he is so entitled(3) a driving liceoiee issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to m sub-section (2)(4) the authority issuing any driving licence under this section shall, at the request of any state government, furnish such information 5 respecting any person to whom a driving licence is issued as that grovernment may at any time require19 (1) if a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he—(a) is a habitual criminal or a habitual drunkard; or10power of licensing authority to disqua­lify from holding a driving licence or revoke such licence    (b) is a habitual addict to any narcotic                                                drug or psychotropicsubstance within the meaning of the narcotic drugs and psycho­tropic substances act, 1985; or                                                                         6 1                                                                        ld85    (c) is using or has used a motor vehicle in the commission ofa cognizabe offence; or                                                                      1 5    (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                                                                  aparticular class or description of motor                                          vehicle by fraud or mis-                                                                     20representation; 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 25 to in the proviso to sub-section (3) of section 22: or     (h) being a person under the age of eighteen years who hasbeen 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 be in such care,                                                                              30it 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                                                                    35      (2)                  where an order under sub-section (i) 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 4 0  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, endorsethe disqualification upon it and send it to the licensing authority by which it was issued; or                                                                        45(c) in the case of revocation of any licence, endorse' the revo cation 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:5 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 aut^rlty shall endorse the disqualification upon the driving licence and return the 1 0  same to the holder(3) any person aggrieved by an order made by a licensing authority tmder sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so 1 5 required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be finalpowtr ofcourt to disqualify20 (i) 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 pro- 2 0  visions of this act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence:25 provided that in respect of an offence punishable imder section 183 no such order shall be made for the first or second offence         (2 )                        where a person is convicted of an offence under clause (c) of sub­    section (1 ) of section 132, section 134 or section 185, the court convicting     any person of any such offence shall order the disqualification                                                                                                      under 30 sub-section (1 ), and if the offence is relatable to clause (c) of sub-section     (1) of section 132 or section 134, such disqualification shall                                                                                                  be for a     period of not less than one month, and if the offence is relatable to section    185, such disqualification shall be                                                         for a period of not                                                                                         lless than                                                                                                          six     months2 5  (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 pimishable under that section,4 0  (b) who is convicted of an offence punishable under sactioa189, or(c) who is convicted of an offence punishable undw 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 4 5  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 (i) may set aside or vary any order of disqualification made under that sub­section notwithstanding that no appeal would lie against the conviction 1 0  as a result of which such order of disqualification was made suapo •iob at driving liccbce in gsrtain casea21 (i) where, is 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 descrip- 15 tion 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 cam is registered, or 2 0(b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the cme may be(2 ) where by virtue of the provisions of sub-section (i) , the driving licence held by a person becomes suspended, the police officer, by whom 25 the case referred to in sub-section (i) 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 30 granted or last renewedis acquitted or such driving(3) where the person referred to in sub-section (i) discharged, the court shall cancel the endorsement on licence with regard to the suspension thereof(4) if a driving licence in relation to a particular class or descrip- 35 tion of motor vehicles is suspended under sub-section (i), 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 forcecancella­tion of driving licence on conviction2 2  (j) without prejudice to the provisions of sub-section (3) of 40section 2 0  where a person, referred to in sub-section (i) of section 21is 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 ofeence punish­  able under section 185 is again convicted of an ofifence punishable under    that section, the court, making such subsequent conviction, shall,                                                                                                          by5 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 licence1 0  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:15 provided that no such licence shall be returned unless the hnlfffr 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 (5 ) of section 9  and produced a medical certi-2 0  ficate in the same form and in the same manner as is referred to in sub­section (3) of section 8 (4) if a licence to drive a particular class or description of motor vehicles is cancelled or suspended imder this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence25 to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving hcence remains in force    23               (i) a person in respect of whom any disqualification order                                                                                                    is made under section 19 or section 20 shall be debarred to the extent and diaquali-for the period specified in such order from holding or obtaining a driving flca/tion3 0  licence and the driving licence, if any, held by such person at the date                                                                                                                                                 order,      of the order shall cease to be effective to such extent and during such      period     (2 ) the operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against3 5  sueh order or against the conviction as a result of which such order is madfe, 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 coiirt or other authority by which the40 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 imder this section, a second applica-4 5  tion thereunder shall not be entertained before the expiry of a period of three months from the date of such refusaleadorse>oomlt24 (i) the court or authority making an order of disqusilification 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 10 order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted i '(3) any person accused of an offence prescribed under sub-section (2) shall when attending the court bring with him his driving licence 15 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 2 0 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 25 last renewed(6) where on an appeal against atiy 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 30 renewed and such authority shall amend or cause to be amended the endorsement ' i25 (i) 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 35 have a driving licence issued to him free from endorsement(2 ) where a driving licence is required to be endorsed and ttie driving licence is not in the possession of thle court or authority by which the endorsement is to be made, then—transfer of endorse m entand issue of driving licence fre e fro n  endoiseat(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 sudi 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 45 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 continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendring his driving licence and on payment of a fee of five rupees, to receive a new 5 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 1 1 2 , such person shall be entitled to receive a new driving licence free from such endorse­ ments on the expiration of one year of the date of the endorsement:10 provided further that in reckoning the said period of three yearsand one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded         26 (1) each state government shall maintain, in such form as15 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                                                                                        govern­   ment, containing the following particulars, namely: —| malntc-    ||------------|| nanoe of   || state re­   || gisters of || driving    || licences  |(o) names and addresses of holders of driving licences;2 0  (b) licence numbers;(e) dates of issue or renewal of licences;(d) date of expiry of licences; (e) classes and types of vehicles authorised to be driven; and               (f) such other particulars as                                                            the central government                                                                                                    may25                            prescribe      (2 ) each state government shall supply to the central govern­ment a printed copy of the state register of driving licences and shall inform the central government without d^ay of all additions to and other amendments in such register made from time to time30 (3) the state register of driving licences shall be maintained insuch manner as may be prescribed by the state government27 the central government may make rules—(o) regarding conditions referred to in sub-section (2 ) of section 3;35power oi central govern­ment to make role     (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 sub­section (3) of section 8 ;40(d) providing for the particulars for the test referred to in sub­section (5) of scetion 8 ;(e) providing for the form in which the application for driving licence may be made, the information it shall contain and the doeuments to be submitted with the application referred to in sub-section (2 ) of section 9 ;(f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; '(g) specifying the minimum educational qualifications of persons 5to whom licences to drive transport vehicles may be issued under this act and the time within which such qualifications are to be aoquirsd by such persons;(/i) providing for the form and contents of the licences referred to in sub-section (1) of section 1 0 ; 1 0     (i)                 providing for the form and contents of the application refer­red to in sub-section (1) of section 1 1  and documents to be sul«nitted with the application and the fee to be charged;    (j) providing for the conditions subject to which section 9  shall not apply to an application made under section 1 1 ;                                                                       1 5    (k) providing for the form and contents of the application refer- ed to in sub-section (i) of section 15 and the documents to accompany such application under sub-section (2) of section 15;    (i) providing for the authority to grant licences imder sub-section(i) of section 18;                                                                         20(m) specifying the fees payable imder sub-sectiofii (2) of section8 , sub-section (2 ) of section 9 and sub-sections (3) and (4) oil secition;15 for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting ins- 2 5  tructions in driving motor vehicles;    (n) specifying the acts for the purposes of clause (f) of sub-sec­tion (1 ) of section 19;     (o)                specifying the offences under this act for the purposes of sub­section (2) of section 24;    (p) to provide for all or any of the matters referred to in sub- section (i) of section 26;    (q) any other matter which is, or has to be, prescribed by the central governmentpow sr                  28 (1) a  state government may make rules for the purpose of cany-  ^               ing into effect the provisions of this chapter other than the matters speci- ^ 5               fied in section 27g overnr m ^t to(2 ) without prejudice to the generality of the foregoing powmr, such rules may provide for— 't t iillf mlm(a) the appointment, jurisdiction, control and functions of licens­ing authorities and other prescribed authorities; 40(b) the conduct and hearing of appeals that may be prefesrred 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 multilated, the replacement of photographs which have be­come obsolete and the fees to be charged therefor;5 (d) the badges and uniform to be worn by drivers of transportvehicles and the fees to be paid in respect of badges:(e) the fee payable for the issue of a medical certificate uuder sub-section (3) of section 8 ;(f) the exemption of prescribed persons, or prescribed classes 1 0  of persons, from payment of all or any portion of the fees payableunder 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 whom1 5 licences to drive transport vehicles are issued;({) the exemption of drivers of road-rollers from all or any of the provisions of this chapter or of the rules made thereunder;o') the manner in which the state register of driving licences shall be maintained under section 26;2 0  (k) any other matter which is to be, or may be, prescribed chapter m l icensing of conductors of stage carriages     29 (i) no person shall act as a conductor of a stage carriage unlen                                                                               neces-  he bolds an effective conductor's licence issued to him authorising him25 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                                                                              licence     (^) a state gvemment 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 conductor30 for a period not exceeding one month     30 (i) any person who possesses such minimum educational quallfica-                                                                               onnt  tion as may be prescribed by the state government and is not disqualified                                                                              ot eon-  under sub-section (i) of section^ 31' and who is not for the time being                                                                              ductm'f  disqualified for holding or obtaining a conductor's licence may apply to35 the licensing authority having jurisdiction in the area in which he ordi­  narily 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 prescribed40 (3) every application for a conductor's licence shall be accompaniedby 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 nf 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 5  31          (1) no person iinder the age of ei^ teen years shall hold, or b« granted, a conductor's licence    (2) the licensing authority may refuse to                                              issue                                                     a                                                        conductor's licence—disqualifi­cations for the grant of con­ductor's licence(u) if the applicant does not possess the minimum educational 10 qualification;(b) if the medical certificate produced by the applicant discloses that he is physically imfit to act as a conductor; and(c) if any previous conductor's licence held by the applicant was revoked1532 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 2 0  issued the same, it shall intimate the fact of such revocation to the authority which issued that licence:revoca­tion of a conduc­tor's licence ongrounds of dis­ease or disabilityprovided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportimity of being heard 2 533 (i) 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| orders    |     ||-----------|-----|| refusing, |     || etc, con­ |     || ductor's  |     || licences  |     || and       |     || appeals   |     || there-    |     || froin    |     |(2 ) any person aggrieved by an order made under sub-section (1 ) 30 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 3 5| power of    |     ||-------------|-----|| licensing   |     || authori­     |     || ty to       |     || disqualify |     |34 (i) 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 con- 40 ductor's licence(2) upon the issue of any such order, the holder of the conductor^ 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 4 5  removed:provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable oppor­tunity of b«ing heard(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 same5  (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 opportimity of being heaxd and the decision of the appellate authority shall be binding on the» 1 0  authority which made the orderpower of court to dis­qualify35 (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 the15 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 such court, and the court to which appeals ordi­narily lie from the court below, may set aside or vary any order of 20 disqualification made by that court, notwithstanding that no appeal lies against the conviction in connection with which such order was made      36 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 a25 driving licence                       ,certain pro­visions of chapter ii toapply to conduc­tor's licencesavings37 if any licence to act as a conductor of a stage carriage (by what­ever name called) has been issued in any state and is efi^tive imme­diately before the commencemnt of this act, it shall continue to be effective, notwithstanding such commencement, for the period for30 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 had been in force on the date on which that licence was granted38 (i) a state government may make rules for the purpose of carry- 35 ing into effect the provisions of this chapter(2) without prejudice to the generality of the foregoing power, such rules may provide for—power of state govern­ment to make rules(tt) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this 4 0  chapter; i(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1)' of section 29;(c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor's licences are issued;(d) the form of application for conductor's licences or for re­newal of such licences and the particulars it may contain;(e) the form in which conductor's licences may issued or renewed and the particulars it may contain;10(/) the issue of duplicate licences to replace licences lost, destroy­ed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;(g) the conduct and hearing of appeals that may be preferred under this chapter, the fees to be paid in respect of such appeals and the refund of such fees: i provided that no fee so fixed shall exceed twenty-five rupees;(7i) the badges and uniform to be worn by conductors of stage 15 carriages and the fees to be paid in respect of such badges;(i) the grant of the certificates referred to in sub-section (5) of section 30 by registered practitioners and the form of such certificates;(j) the conditions subject to which, and tiie extent to which, a conductor's licence issued in another state shall be effective in 20 the state;(k) the communication of particulars of conductor's licences from one authority to other authorities; and(i) any other matter which is to be, or may be, prescribled chapter iv r e g is tra tio n  o f m o to r v eh iclesnecessitylegistration39 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 imless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle hasj not 30 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 government40 subject to the provisions of section 42, ^ tio n  43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally keptregistra­tion, w hers to be made41 (1 ) an application by or on behalf of the owner of a motor vehi- registnicle 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 thje central government:to be made5 provided that where a motor vehicle is jointly owned by more per­sons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this act(2) an application referred to in sub-section (1) shall be accompa-1 0  nied by such fee as may be prescribed by the central government(3) the registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the central government1 5 (4) in addition to the other particulars require', to be included inthe 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, specify2 0  (5) the registering authority shall enter the particulars of the certi­ficate referred to in sub-section (5) 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 registration25 mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are alloted 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 government30 (7) a certificate of iiegistration issued imder sub-section (3), whetherbefore or after the commencement of this act, in respect of a motor vehicle, ether than a transport vehicle, shall, subject to the provisions contained in this act, be valid only for a period of fifteen years from the date of issue of such certificate and shall be renewable3 5  (8) an application by or on behalf of the owner of a motor vehicle,other than a transport vehicle, for the renewal of a certificate of regis­ tration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the central government40 (9) an application referred to in sub-section (8 ) shall be accompa­nied by such ^ as may be prescribed by the central government(10) subject to the provisions of section 56, the registering authority may, on receipt of £in application under sub-section (s), renew the certificate of registration for a period of five years and intimate tte  fact45 to the original registering authority, if it is not the o r i^ a l registering authority   (11)            if the owner fails                                       to make an application                                                                         under sub-section(1 ), or,            as the case may be, under sub-section (8 ) within                                                                            the periodprescribed, 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 5 one hundred rupees as may be prescribed under sub-section (13):    provided that action under section 177 shall be taken against thje owner where the owner fails to pay the said amount   (12)          where the owner has paid                                             the                                                    amount                                                               under                                                                           sub-section(ii), no action shall be taken against him under section 177                                                                                       10  (13) for the purposes of                               sub-section (ii), the state                                                            governmentmay prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section(i)     or sub-section (8 )    (14) an application for the issue of a duplicate certificate of registra- 15 tion shall be made to the original                                         registering authority in such form, containing such particulars and information alongwith such fee as may be prescribed by the central goyiernmentspecial provl sion for registra­tion of motor vehiclesof diplo­matic  officers,  etc    42                 (i) where an application for registration of a motor vehicle is made under sub-section (i) of section 41 by or on behalf of any diplo- 20 matie 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 9nd 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 25 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 diploma- 30  tic officer or consular officer, require to he 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 35 provisions of sections 39 and 40 shall thereupon apply  (3) the central government may make rules for the                                                       registration «f 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 40 of such veb-icles 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 re^>tration marks to be assigned to such vehicles    (4)               for the purposes of this section, "diplomatic officer" or "consular           means any person who is recognised as such                                                                             by                                                                                   the central 4 5  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 finaltempo­raryregistra­tion43 (i) 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 tempo-5 rary 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 renewablje: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 1 0  beyond the said period of one month for being fitted with a body, the perioa 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 allowproduc­tion of vehicle at the time of registra­tion44 the registering authority shall before proceeding to register 15 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 2 0  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 thereunderrefusal of registra­tion or renewal of the certifi­cate of registra­tion45 the registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a25 motor vehicle (other than a transport vehicle), if in either case the registering authority has reason to believe that it is a stolen motor vehi­ cle 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 30 furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate of 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 cop^^ of such order, together 3 5 with the reasons for such refusaleffecti­veness in india af registra­tion46 subject to the provisions of section 47, a motor vehicle registered in accordance with this chapter in anv 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 through- 40 out india47 (1 ) when a motor vehicle registered in one state has been kept in anothjer 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 4 5  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:assign­ment of new registra­tion mark on removal to ano­ther stateprovided that an application under this sub-section shall be accom­panied—5q (i) by the no objection certificate obtained under section 48, or(ii) in a case where no such certificate has been obtained, by—(a) the receipt obtained under sub-section (2 ) of section 48;or(b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered 5  post acknowledgement due to the registering authority referredto 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 1 0  granted:provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application imder this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the 15 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 2 0  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 registering authority by whom the vehicle was pre- 25 vlously 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 3 0  whose name has been specified in the certificate of regisitration as the person with whom the registered owner has entered into the hirepurchase or lease or hypothecation agreement (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment 35 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 4 0  vehicle and its registration as may be prescribed(5) if the owner fails to make an application under sub-section (i) 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 4 5 exceeding one himdred rupees as may hie prescribed under sub-section 07):provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount(g) where the owner has paid the amount under sub-section (oj, 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 5 part of the owner in making an application under sub-section (i)tion certifl'^cate48 (j) the owner of a motor vehicle when applying for the assignobjec ment of a new registration mark xmdjer 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 1 0  reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such mamijer as may be prescribed by the central gtovemment to the registering authority by which the vehicle w2is registered for the issue of a cjertificate (hereafter in this section referred to as the no objection certificate), to thje effect that the 2 5  registering authority has no objection for assigning a new riegistration 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 shau, on                                                       receipt                                                                  of                                                                       an application under sub-section (1 ), issue a receipt in such form as may be prescribed2 0  by the central government      (3) on receipt of an application luader sub-section (1 ), the register,   ing authority may, after making such inquiry and requiring the appli­  cant to comply with such directions as it deems fit and within   thirty days of the receipt thereof, by order in writing, communicate to25 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 appli- 30 cant            ,       (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 objection35 certificate      (5) before granting or 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 govem-40 ment including road tax in respect of that motor vehicle have been paid    and take into aocoimt such other factorsi' as may be prescribed by the    general government| 49                                                                          | (1)   ||------------------------------------------------------------------------------|-------|| change                                                                       |       || of                                                                           |       || place of business at the address recorded in the certificate of registration |       || residence                                                                    |       || of busi­                                                                      |       || ness                                                                        |       |4 5  of the vehicle, he shall, within thirty days of any euch 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 newaddress is within the jurisdiction of another registering authority, to that othex registering authority, and shall at the same time forward the certi­ficate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein 5(2) if the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub­section (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 10 one hundred rupees as may be prescribed under sub-section (4);provided that action under section 177 shall be taken against the owner where he fails to pay the said amount(3) where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177 15(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 2 0  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 (i) shall apply where the change of the 25 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 vrfiicle is neither used nor removed from the address recorded in the certificate of registrationtransfer 50 (i) where the ownership of any motor vehicle registered under of ownerthis chapter is transferred,— ^ship(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 autho- 35 rity 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 40 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 obtain­e d -  (i) the receipt obtained under sub-section (2) of aec- tlon 4 8 ; or(ii) the postal acknowledgement received by the transferor if he has sent an application in this behalf by , registered post acknowledgement due to the registering authority referred to in section 48,5  together with a declaration that he has not received any communica­tion from such authority refusing to grant such certificate or requir­ ing him to comply with any direction subject to which certificate may be granted;(b) the transferee shall, within thirty days of the transfer, re- 1 0  port 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 trans- 15 feror in order that particulars of the transfer of ownjership may beentered in the certificate of registration(2 ) where—(a) the person in whose name a motor vehicle stands registered dies, or2 0  (f>) a motor vehicle has been purchased or acquired at a publicauction conducted by, or on behalf of, government, ,the person succeeding to the possession of the vhicle 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 25 name, to the registering authority in whose jurisdictioi^ he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the central government(3) if the transferor or the transferee fails to report to the register- 3 0  ing 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 shall make an application under sub-section (2 ) (hereafter in this section referried to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard 3 5  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 he 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 40 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 imder sub-section (3), no action shall be taken against him under section 177(5) for the purposles of sub-section (5), a state government may 4 5  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 imder sub-section (2)    (6 ) on ijeceipt of a report vmder sub-section (1), or an applicationunder sub-section (2 ), the registering authority may cause the transfer of ownership to be entered in the certificate of registration                                                                                                              5   (7) a registering authority making any euch entry shall communi­cate the transfer of ownership to the transferor and                                                     to the                                                             original registering authority, if it is not the original registering authority   51 (1) where an application                                                for registration                                                                        of a motor vehicle which is held under a hire-purchase^ lease or hypothecation agreement 1 0  (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 agreementspecialprovi­sionsregardii>s motor v d iid e  subject to hire-  purchase  agree­ment etc      (2 )                  where the ownership of any motor vehicle registered under this chapter is transferred and the transferee enters into the said agreement 15 with any person, the original registering authority shall, on receipt of an application in such form as the central government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration   (3) any entry made under sub-section (1)                                              or sub-section (2), may be 20 cancelled by the original registering authority on proof of the termina­tion of the said agreement by the parties concerned on an application being made in such form as the central government may prescribe    (4) no entry regarding the transfer of ownership of any motor vehi­cle which is held under the said agreement shall be made in the certificate 25 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 certifioateof registration as the person with whom the registered owner has enter- 30 ed into the said agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to 35 make such representation as he may wish to make ^ y  sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom 4 q 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 i>erson pays the prescribed feie:                                                 [                                                                      ''                                                                         '   provided further that a fresh certificate of registration issued in res- 45 pect 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 imder section 81 or for the issue of duplicate certificate ofi registration under sub-section (14) of section 41, or for the assignment of a niew registration mark under section 47, ma1r» ^ 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 purposies of this sub-section and sub-sections1 0  (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 "15 ( 7 ) within seven days of the receipt of an application under subsection (6), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for, and where the financier fails to issue the certi­ficate and also fails to communicate the reasons for refusal to issue the2 0  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 shau, 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 41,25 or while applying for assignment of a new registration mark imder section    47, submit with such application thle certificate, if any, obtained under sub­    section (7) or, where no such certificate has been obtained, the com­    munication received from the financier under that sub-section or, as the     case may be, a declaration that he has not received any communication30 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 under3 5  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 certla             cate applied for, after giving the applicant an opportunity of being             heard, either—^  (t) renew or refuse to renew the permit, or(it) issue or refuse to issue the duplicate certificate of regis­tration, or(hi) assign or refuse to assign a new registration mark;(b) in any other case,—45 (i) renew the permit, or(it) issue duplicate certificate of registration, or (itt) assign a new registration mark(10) a registering authority making an entry in the certificate of re^tration regarding—50 (o) hire-purchase, lease or hypothecation agreement of ai motorrehicle, or(b) the cancellation under sub-section (3) of an entry^ or(c) recording transfer of ownership of motor vehicle, or(d) any alteration in a motor vehicle, or, (c) suspension or cancellation of registration of a motor vehicle,or 5(j) change of address, shall communicate to the financier that such entry has been made(11) a registering authority issuing a di^licate certificate of registra­tion shall intimate the financier of such issuemotor            particulars contained in the certificate of registration are no longer accu-    ^            rate unless—altera-                   5 3  (2 ) no owner of a motor vdiicle shall so alter the vehicle that the 10tion in motor vdiicle    (a) he has given notice to the registering authority within whose jurisdiction he has the residence or the place of business where the vehicle is normally kept, as the case may be, of the alteration he j 5  proposes to make; and    (b) he has obtained the approval of that registering authority to make such alteration:  i^ v id ed  that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle conse- 2 0  quent on the addition or removal of fittings or accessories, if such change does not exceed two per cent- of the weight entered in the certificate of registration     (2)                where a registering authority receives a notice                                                                                      under                                                                                                 sub­section (1 ), it shall, within seven days of the receipt thereof, comrauni- 25 cate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise:  provided that where the owner of the motor vehicle has not received any such commimication witliin the said period                                                  of seven days,                                                                   the approval of sudh authority to the proposed alteration shall be deemed to 30 have been given   (3) notwithstanding anything contained in sub-section (1 ), a state government may, by notification in the official gazette, authorise, subject to such conditions as may be specified in the notification, the owners of not less than ten transport vehicles to alter any vehicle owned by them 35 so as to replace the engine thereof without the approval of the register­ing authority   (4) where any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have been given under sub-section (2 ) or by reason of replacement of its engine 40 without such approval under sub-section                                             (3),                                                   the                                                         owner                                                                  of                                                                      the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration 45 may be entered therein   (5) a registering authority other than the original registering autho­rity making any such entry shall communicate the details of the entry to the original registering authority53 (i) if any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction_suspen­sion of registra­tion(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 the5 requirements of this act or of the rules made thereunder, or(b) has been, or is being, used for hire or reward without a valid permit for being used as such»the authority may after giving the owner an opportunity of making any representation he may wish to make (by sending to thje owner a notice1 0  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 itg satisfaction; and15 (io 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 imder sub-section (1 ), intimate in writing the fact of such suspension and the reasons therefor to the registering authority2 0  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 susf>ended, shall, if it is not the original registering25 authority, inform that authority of thje 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 registration30 (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 befoje5 4  where the suspension of registration of a vehicle under section 5 3  has continued without interruption for a period not less than six cancella­ tion of registra­tion sus­pended under section 533 5  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 registrationcancella­tion of registra­tion40 5 5  (1) if a motor vehicle has been destroyed or has been renderedpermanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place af business where the vehicle is normally kept, as the stse may be, and shall forward to that authority4 5  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 emd 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 , 1 5(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, 2 0  or by representation of facts which was, false in any material particular, or the engine num ber 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 25 by registered post acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the registration(6) a registering authority cancelling the registration of a motor vehicle undier section 54 or tmder this section shall commimicate such 3 q fact in  writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the <:ertificate of registration of the vehicle(7) a registering authority making an order of cancellation imder section 5 4  or under this section shall, if it is the original registering 3 5  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 4 0(8 ) the expression "original registering authority" in this section and in sections 41, 49, 50, 51, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is jjecorded,(9) in this section, ''certificate of registration" includes a certificate of registration renewed under the provisions of this act 4 5of trans­ port vehicles6 6  (1) subject; to the provisions of sections 59 and 60, a transport certivehicle shall not be deemed to be validly registered for the purposes ficate of of section 39, unless it carries a certificate of fitness in such form con­taining such particulars and information as may be prescribed by the cen- 5 tral 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 thereimder; ;provided that where the prescribed authority or the authorized 1 0  testing                       station                                        refuses                                                         to                                                                 issue such certificate, it shall supply the      owner of the vehicle with its reasons in writing for such refusal      (2 )                        the authorized testing station referred to in sub-section (1) means a vehicle service station or public or private garage which the state government, having regard to the experience, training and ability ] 5  of the operator of such station or garage and the testing equipment and       the testing personnel therein, may specify in accordance with the rules       made                       by the                                            central                                                                    government                                                                                                   for                                                                                                             regulation                                                                                                                                          and                                                                                                                                                       control       of such stations or garages(3) subject to the provisions of sub-section (4),                                                    a                                                        certificate of2 0  fitness shall remain effective for such period as may be prescribed by the central government having regard to the objects of this act(4) the prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements25 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 deem ^ to be suspended until a new certificate of fitness has been obtained(5) a certificate of fitness issued under this act shall, while it 30 remains effective, be valid throughout india57 (1) any owner of a motor vehicle aggrieved by an order of refusal appeals, under sectior 45 to register a motor vehicle or to renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle) or under section 48 to issue a no objection certificate or under section 3 5  50 to enter the particulars of the transfer of ownership in the certificate of registration or under sub-section (1) of section 56 to issue a certificate of fitness or by an order of suspension under section 53 or cancellation under section 54 or section 55 or by an order of cancellation under sub­section (4) of section 56 may, within thirty, days of the date on which 4 0  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 api>ellant to be heard in the appeal pass such orders as it thinks fit45 58 (i) the central government may, having regard to the number, specialnature and size of the tyres attached to the wheels of a transport vehicle, provisions(other than a motor cab), and its make and model and other relevant ™considerations, by notification in the qflbcial gazette, specify, in relation to each make and model of a transport vehicle, the maximum safe laden vehiclesweight 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 motor cab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following parti- 5  culars, namely:—(o) 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 | q 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 j 5  in the prescribed manner on the vehicle(5) 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 sub­section (1 ) in relation to the make and model of such vehicle and to 2 0  the numbjer, 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 (i) 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 25 the provisions of this sub-section shall apply with such modifications as may be specified in the order(4) when by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the gross vehicle weight of the vehicle or the registered axle weight of any of its axles no 30 longer accords with the provisions of sub-section (3), the provisions of section 52 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weights which accord with the said sub-section(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 40power central government may, having regard to the publicto fix safety, convenijence and objects of this act, by notification in thethe age official gazette, specify the life of a motor vehicle reckoned from thelimit of date cf its manufacture, after the expiry of which the motor vehloieshall not be deemed to comply with the requirements of this act and vehlcia made thereunder:provided that the central government may specify different agte for different classes or different types of motor vehicles(2) notwithstanding anything contained in sub-section (i), the c«itral government may, having regard to the purpose of a motor5 vehicle, such as, display or use for the purposes of a demonstration in any «chibition, 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 opera- 1 0  tion 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-seetion (i)60 (i) such authority as the central government may, by notifica­tion in the official gazette, specify 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 enter- registra­tion of vehicles, belobging to the central govern­ment2 0  prise 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 (i) shall assign a registration mark in accordance with the provisions contained 25 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 requiremnts of this act and the rules made thereunder and that the vehicle has been registered under this section30 (3) a vehicle registered under this section shall carry the certificateissued under sub-section (2 )(4) if a vehicle registered under this section ceases to be property or under the exclusive control of the central government, the provisions of sections 39 and 40> shall thereupon apply-3 3  (5) the authority registering a vehicle under sub-section (i) shallfurnish 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 require61 (1) the provisions of this chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicleak>lication of chapter iv to trailers(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 4 5  trailers are attached unless the registration mark of the motor vehicleso 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 centra] gov«mm«nt62w the state govermnent may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the inspector cjeneral of police (by whatever designation called) and such other police ofi&cers 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 i informa­tion re­garding stolen and re­covered motor vehicles to be furnish­ed by the police to the state transport authority6 s (i)\®ach state government shall maintain in such form as may be jo 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;mainte­nance of state re­gisters of motor vehicles| (b) years of manufacture;    ||------------------------------|| 1 5                          |(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 20 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 pres-cribed by the state government                                                                                     '                                                                                                     25   64              the central government may make rules to provide for all or any of the following matters, namely:—powers of the central govern­ment to make rules     (a) the period within which and the form in which an appli­cation shall be made and the documents, particulars and informationit shall accomt>anv under sub-section ( 1 ) 41;                                                                                      30      (b) the form in which the certificate of redstration                                                                         shall be made and the t!>articulare 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 certi- 35 ficate of reristration 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 registrationmark, the letters and figures and other particulars referred to in sub-section (6 ) of section 41 shall be displayed and shown;                                                                                           40    fc) the neriod within which and the form in which the anoli- c^tinn shall be made and the particulars and information it                                                             shall contain under sub-section (8) of section 41;(/) the form in which the application referred to in sub-seclion(14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged;(y) the form in which and the period within which tb© applica-5  tion referred to in sub-section (i) of section 47 shall be maae andthe 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 )1 0  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 (i) of section 49 and the documents to be submitted along with the application;(fc) the form in which eind the nuuirijer in which the intimation of transfer of ownership shau be made under sub-section (1 ) of section, 50 or under sub-section (2) of section 50 and the document to ba submitted along with the application;20(i) the form in which the application under sub-section (2) or sub-section {3) of section 51 shall be made;(m) the form in which thje certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and informa­tion it shall contain; ,2 ^ (n) the period for which the certificate of fitness granted orrenewed imder section 56 shall be effective;(o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding trans­fer of ownership on a certificate of registration, for making or can- ^  celling 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(p) any other matter which is to be, or may be, prescribed by the central government       65                (1 ) a state government may make rules for the purpose of carry-                                                                                                       power    ing into effect the provisions of this chapter other than the matters                                                                                                      of the   specified in section 64                                                                                                    govern         (2 )                without prejudice to the generality of the foregoing power, such                                                                                                            to^  rules may provide for—i (o) the conduct and hearing of appeals that may be preferredunder 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 oth«: vehicles designed and used solely for the construction, repair and deaning of roads from all or any of the provisions of this chapter and the rules made thereunder and the conditions governing such exemption;(d) the issue or renewal of certificates of registration and fitness s and duplicates of such certificates to replace the certificates lost, dm> troyed or mutilated;    (e) the production of certificates of registration before the regis­tering authority for the revision of entries therein of                                                              particularb relating to the gross vehicle weight;                                                                           1 0    (jf) the tempor2iry registration of motor vehicles, and th e  issue of temporary certificate of registration and marks;    (y) the manner in which the particulars referred to in sub­section (2) of section 58 and other prescribed particulars shall be exhibited;                                                                 15     ih) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the                                                                fees payable imder this chapter;      (i)                    the forms, other than those prescribed by the central gov- enmaent, to be used for the purpose of this chapter;                                                                                                        20    (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 amovmts under sub-section (13) of section 41 2 5  of sub-section (7) of section 47 or sub-section (4) of section 49 or sub-s|ection (5) of section 50;      (i)                   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;     (o)                 the manner in which the state register of motor vehicles 35 shall be maintained imder section 63;(p) any other matter which is to be or may be prescribed chapter v c(»rrrol of 'ntansport vkhiclesnecewity 6 6  (1 ) no owner of a motor vehicle shall use or permit the use of th e  lor vehicle as a transport vehicle in any public place whether or n o t s u d i vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or counter-signed 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  w hich ih e 4f vehicle is being ueed:provided that a stage carriage permit shall, subject to any cftnditiftnt that may be speciliea in th© permit, authorise the use of the vetude as a contract carriage;provided further that a stage carriage permit may, subject to any 5 conditions that may be specified in the permit, authorise the use of tn vehicle as a goods carriage either when carrying passengers or not:provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or iu connection with a trad or 1 0  business carried on by him ,(2) the holder of a goods carriage permit may, use the vehicle for the drawing of any trailer or semi-txailer not owned by him subject to such conditions as may be prescribed(3) the provisions of sub-section (1 ) shall not apply—1 5 (o) to any transport vehicle owned by the central governmentor a state government and used for government pmrposes imconnected with any commercial enterprise; ,(b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely2 0  for road cleansing, road watering or conservancy purposes;(c) to any transport vehicle used solely for police, fire brigade or ambulance purposes;(d) to any transport vehicle used solely for the conveyance ©fcorpses and the mourners accompanying the corpses; |25(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 manufacturesor deals in motor vehicles or builds bodies for attachm ^t 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; i(h) to any transport vehicle owned by, and used solely for the3 5  purposes of any educational institution which is recognised by thecentral or state government or whose managing committee is a society registered under the societies registration act, 1860 orunder any law corresponding to that act in force in any part of india;(i) to any goods vehicle, the gross vdiide weight of which does4 0  not exceed 3,000 kuograms;o') subject to such conditions as the central government may, by notification in the official gazette, specify, to any transport vehi­ cle purchased in one state and proceeding to a place, situated in that mate, or lai any otiiar stat«, without carrying any pass«ng«r or goodg;(k) to any transport vehicle which has been temporarily regi»-tered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle;(i) to any transport vehicle used for such purposes (other than plying for hire or reward) as the central government may, by noti- 5  fication in the official gazette, specify; ,(m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or imforeseen circumstances is required to be divjerted through any other route, whether within or outside the state, with a view to enabling it to 1 0  reach its destination;(n) to any transport vehicle used for such purposes as the i central or state government may, by order, specify;(o) to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement and which owing to the default of 1 5  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 , 2 0(4) subject to the provisions of sub-section (3), sub-section (2) 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 ex­ cluding the driver ,power 67 (1) a state government, having regard to— 25to stategovern- (a) the advantages offered to the public, trade and industry bythe development of motor transport,(b) the desirability of co-ordinating road and rail transport,trans­port (c) the desirability of preventing the deterioration of the roadsystem, and 3 ^(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— 2 ^(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 45government or the government of any other country relating to th regulation of motor transport generally, and in particular to iti co­ordination with other means of transport and the conveying of long distance goods traffic;5 provided that no such notification in respect of the mattiergreferred to in clause (ii) or clause (h i) shall be issued un­less a draft of the proposed directions is published in theofficial gazette specifying therein a date being not less than onemonth after such publication, on or after which the draft will be 1 0  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 aifected an opportunity of being heard(2) any direction under sub-section (i) regarding the fixing of fares 15 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 anv law for the time being in force relating to tax on 2 0  passengers and goods '     €8  (i) the state government shall, by notification in the                                                                    official xrana-  gazette, constitute for the state a state transport authority to                                                                   exercise port  and disch^irge the powers and functions specified in sub-section                                                                   (3), and autho-  shall in like manner constitute regional transport authorities                                                                   to exer- ritie«25 cise 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 oowers and functions conferred by or   under this chapter on such authorities;provided that in the                       union territories,                                          the administrator                                                             may 3 0  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 ludicial exoerience or experi­ ence as an appellate or a revisional authoritv or as an adiudicating authority competent to pass any order or take any decision under any 35 law and in the case of a state transport authorlfy such other persons (whether officials or not) 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 40 proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of a state or regional transport authority, and, if any person being a member of any such authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the state government 45 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 au­ thority, as the case may be, to preside over a meeting of such authority during th ab«nce of th chairman, notwithstanding that such m«mb«r xevisional authority or as an adjudicating authority competent to p a w  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, consti- 5 tute 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; 1 0(ii) by rules made in this behalf, provide for the transaction of business of such authorities in the absence of the chairman or any other member and specify the circumstances under which, and the manner in which, such business could be so transacted;provided also that nothing in  this sub-section shall be c o n s tr u e d  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, o r acquires, any financial interest in a transport undertaking 2 0     (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 tiiroughout                            the                                    state the                                                    following                                                                   powers and functions, namely:—                                                                                                  25     (o)                 to co-ordinate and regulate the activities and policies of the regional transport authorities, if any, of the state;    (b) to perform the duties of a regional transport authority where there is no such authority and, if it thinks fit or if so required by a regional transport authority, to perform those duties in res- 3 0  pact of any route common to two or more regions;    (c) to settle all disputes and decide all                                                 matters                                                           on                                                               which differences of opinion arise between regional transport authorities; and(d) to discharge such other functions as may be prescribed                                                                3 5    (4) for the purpose of exercising and discharging the nowers 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                                                   tregional                                                             transport authority, if authorised in this behalf by rules made under section 5 6  may delegate such of its nowsrs and functions                                                 to                                                     such authority                                                                     or person subject to such restrictions, limitations and conditions ag may be prescribed by the said rules   69 (i) every application for a permit shau be made to the kegloaal                                                                                    ga«ritransport authority of the region in which it is proposed to use tlm provisim vehicle or vehicles:                                                                                    ag t«                                                                                   appuca-      provided that if it is proposed to use the vehicle or vehicles in two5    or more regions lying within the same state, the application shall be                                                                              permits,    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 is1 0  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 appucation shall be made to the regional transport authority of the region in which the applicant resides or has his principal place of business1 5  (2 ) notwithstanding anything contained in sub-section (i), thestate 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 the2 0  region in which the applicant resides or has his principal place of business          70 (1) an application for a permit in respect of a stage carriage (in                                                                                                            appiica     this chapter referred to as a stage carriage permit) or as a reserve stage     carriage shall, as far as may be,                                                       contain the following particulara,25 nam ely;—                                                                                                            permit(a) the routfe or routes or the area or areas to which the application relates;(b) the type and seating capacity of each such vehicle;(c) the minitniim and maximxmi number of daily trips proposed30 to be provided and the time-table of the normal tripseocplanation—^for the purposes of this section, section 72, section 80 and section 1 0 2 , "trip" means a single journey from one point to another, and every return journey shall be deemed to be a separate trip;2 5  (d) the number of vehicles intended to be kept in reserve tomaintain 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; 40 (f) such other matters as may be prescribed(2) ah application referred to in sub-section (1) shall be aceom pto^ by such documents as may be prescribedproc« dare of be^-71 (i) a regional transport authority shall, while considering an application for a stage carriage permit, have regard to the objects of this act;  provided that such permit                               for a route of fifty                                                    kilometres or less shall be granted only to an individual or a state transport undertaking                                                                       5     (2 )                  a regional treinsport authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that hm provisions of this act relating to the speed at which vdbicles may bedriven are likely to be contravened:trans- itort autho­rity in consi­dering applica­tion for  stage carriage p oinit  provided that before such refusal an opportimity shall be given to 10 the applicant to amend the time-table so as to confonn to tiie saidprovisions      (3)                 (o) the state government shau, 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 15 state transport authority and a regional transport authority to limit the number of stage carriages generally or of any specified type, as may­be 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 2 0(a), the regional transport authority shall, in considering                                                             an ap­plication for grant of permit in respect of any such stage carriage, have regard to the following matters, namely:—(i) pnaneial stability of the applicant;(ii) statisfactory performance as a stage carriage operator 25 including payment of tax if the applicant is or has been an operator of stage carriage service; and(in) such other matters as may be prescribed by the state government: '       provided that, other                                conditions                                            being equal,                                                          preference 30shall be given to applications, for permits from—(i) state transport undertakings;(ii) co-operative societies registered or d^m ed to have beenregistered under any enactment for the time being in force; or(iii) ex-servicemen 35(4) a regional transport authority shall not grant more than five stage carriage permits to any individual or more than ten stage carriage permits to any company (not being a state transport undertaking)      (5)              in computing the number of permits to be granted under sub­section             (4), the permits held by an applicant in the                                                                                name of any other 40person and the permits held by any company of which such applicant is a director shall also be taken into account    explanation—^for the purpjoses 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 4 5grant of stage carriage permitsa subject to the provisions of section 71, a regional transport autnonty may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or ^^dth such modiflcations as it deems fit or refuse to grant such a permit:5 provided that no such permit shall be granted in respect of any route or area not specified in the application ,(2) the regional transport authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under t^iis 10 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;15(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;(hi) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on spiecified days and occasions;20(iu) that copies of the time-table of the stage carriage approved by the regional transport authortiy shall be exhibited on the vehicles and at specified stands and halts on the route or within the area; '(r) 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;25(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;30(tnt) the maximum number of passeng'ers and the maximom weight of luggage that may be carried on the stage carriage, eithler generally or on specified occasions or at specified times and seasons;35(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 relationi to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconveni­ ence to passengers;(ix) thte rate of charge that may be levied for passengers' luggage in excess of the free allowance;(x) that vehicle of a specified type fitted with body conform­ing to approved specifications shall be used:40provided that the attachment of tbis condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specificationfi, of any vehjcle operating on that date;45(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;(xii) the conditions subject to which goods may be carried fal the stage carriage in addition to or to the exclusion of passengers;    (xiif) that fares shall be charged                                          in                                              accordance                                                          with                                                                 ttie approved fare table;     (xiv) that a copy of, or extract from, the fare table approved 5  by the regional transport authority and particulars of any special fares or rates of fares so approved for particular occasions shau beexhibited on the stage carriage and at specified stands and halts;    (xv) that tickets bearing specified particulars shau be issued to passengers and shall show the fares actually                                                     charged                                                               and that 1 0  records of tickets issued shall be kept in a specified manner;    (xvi) the mails shall be; carried on the vehicle subject to suchconditions (including conditions as to the time in which mails are to be carried and the charges which                                              may be leveid) as may                                                                            be specified;                                                                               15     (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 the vehicle may be usedas a contract carriage;                                                                                     2 0    (xix) that specified arrangements shall be made for the housing, maintenance and repair ef vehicle;    (xx) that any specified bus station or shelter maintained bygovernment or a local authority shall be used and that any specified rent dr fee shall be paid for such use;                                                                        25     (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,—(o) vary the conditions of the permit;                                                               30(b) attach to the permit further conditions:   provided that the conditions specified in pursuance of clause (t) shall not be varied so as to alter the distance covered by original route by more than 24 kilometre's, and any variation within such limits shall be                      made                              only                                    after the                                              regional transport 35 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 40 transport authority such periodical returns,                                                            statistics and other information as the state government                                                   may from                                                                  time                                                                          to ttme prescribe:(xartw) any other conditions which may be prescribed73 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 particularly namely: —applicalion for contract carriage permit(a) the type and seating capacity of the vehicle;5 (b) the area for which the permit is required;(r) any other particulars which may be prescribed74 (i) subject to the provisions of sub-section (5), a regional transport authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the appllca^on grant of contract carriage permit1 0  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 con- 15 tract 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 vehicle shall be used only in a specified area or on a specified route or routes;2 0  (ii) that except in accordance with specified conditions, nocontract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area;(lit) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicle, either gene- 25 rally or on specified occasions or at specified times and seasons;(iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers;(v) that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be erfilblted30 on the vehide; '(vi) that,               in the                          case                                  of vehicles                                                   other                                                            than                                                                     motor                                                                               cabs, specifif^ rates of hiring not exceeding specified maximum shall be charged;                                                                         ^            (mi) that, in the case of motor cabs, a specified welttht 35       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;    (vii^ that, in the                            case of motor cabs, a taximeter                                                                    shall be fitted and maintained in proper working order, if prescribed;40 (tx) that the regional transport authority may, after givingnotice of not less than one month,—'(a) vary the conditions of the permit;(b) attach to the permit further conditton; [(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, 5  the plying of the vehicle or carrying of the passengers shall not be refused;(xiii) any other conditions which may b e prescribed(3) (a) the state government shall, if so directed by the central government, having regard to the number of vehicles, road conditions 10 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 spedfled type, as may be fixed and specified in the notification, opiating on city routes in towns with a population of not less than five lakhs 15(b) whether the number of contract carriages are fixed under clause (a), the regional transport authority shall^ in considering an applicantion for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely; —(i) financial stabilty of the applicant; 2 0(ii) satisfactory performance as a contract carriage operatorincluding payment of tax if the applicant is or has been an oplerator of contract carriages; and(in) such other matters as may be prescribed by the state government: 25provided 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;(hi) state tourism departments; 30(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-servicemenscheme 75 (1) the c«itral government may, by notification in the official 3 5gazette, make a scheme for the purpose of regulating the business of r®iting of motor cabs to persons desiring to drive the cabs 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;— 40(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 particulart 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) conditon subject to which such licences may be granted, renewed or revoked;(/) appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences;(g) conditons subject to which motor cabs may be rented:(h) maintenance of records and inspection of such records;10(i) such other m atters as may be necessary to carry out the purposes of this section76 (1) a regional transport authority may, on an application made applicato it, grant a private service vehicle permit in accordance with the appli- 15 cation or with such modification as it deems fit or refuse to grant such permit:tion for private service vehicle permitprovided that no such perm it 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 2 q service vehicle shall contain the following particulars, namdy:—(a) type and seating capacity of the vehicle;(b) the area or the route or routes to winch the application relates;(c) the maimer in which it is claimed that the purpose of car«25 ^yi^6 persons otherwise than for hire or reward or in connection witii tne trade or business carried on by the applicant will be served by the vdiicle; and(d) any other particulars which may be prescribed(3) the regional transport authority if it decides to grant the per- 30 init may, subject to any rtiles 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 <» a specified route or routes;(ii) the maximum number of persons and the maximum w ei^ t 35 of luggage that may be ciirried;(iii) that the regional transport authority may, after giving notice of not less than one month—(a) v6 ry the conditions of the permit;(b) attach to the permit ftirther conditions;(iu) 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; 5(ui) 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 prescribedapplica­tion for goods carriage permit77 an application for a permit to use a motor vehicle for 1 0  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, n a m e l y —(a) ths area or the route or routes to which the application 15 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 2 0  custody of the goods;     (e) such particulars as the regional transport authority mayrequire             with respect to any business as a carrier of goods for hireor reward carried on by the applicant at any time before the makingof the application, and of the rates charged by the applicant;                                                                                      25    (f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the regional tnuupart authority of facilities for the transport of goods for hireor reward, entered into by the applicant with any other person by whom such facihties are provided, whether                                              within or without the 30 region;(g) any other particulars which may be prescribed     78                a                      regional                                    transport                                                    authority                                                                    shall, in                                                                                   considering                                                                                                     an application for a goods carriage permit, have regard to the following matters, namely:—                                                                                                   35    (a) the nature of the goods to be carried with special reference to their dangeroxis or hazardous nature to human life;consider- atlod of appli­cation for  «ootu curlagc tiermit    (b) the nature of the chemicals or explosives to be catried ^ith special reference to the safety to human life79 (1 ) a regional transport authority may, on an application made grant to it under seciion 77, grant a goods carriage permit to be valid throughof goodout the state cr in accordance with the application or with such modicarrlagfications as it deems fit or refuse to grant such a permit: permit5 provided that no such permit shall be granted in respect of anyarea 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 vmder this act, attach to the permit any one or 1 0  more of the following conditions, namely: —(i) that the vehicle shall be used onlj^ 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;15 (iii) that goods of a specified nature shall not be carried;(iv) that goods shall be carried at specified rates;(v) that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried;20(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;(vh) that the regional transport authority may, after giving notice of not less than one month,—25(a) vary the conditions of the permit;(b) attach to the permit further conditions;(uiii) that the conditions of the permit shall not be departed from, save with the approval of the regional transport authority;(i:r) a n y  other conditions which may be prescribed30      (3 )                   the conditions referred to in sub-section (2) may include con­ditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life      80 (1) an application for a permit of any kind may be made at any                                                                             proce-               ' '                                                                             dure in2 2  tim e                                                                             applying       (2) a regional transport authority shall not ordinarily refuse to                                                                            for and   grant an application for permit of any kind made at any time under this   act:jprovided that the regional transport authority may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the official gazette under clause (a) of sub-section (3) of secqsn 71 or of contract carriages 5  as fixed and specified in a notification in the official gazette under clause(a) of sub-section (3) of section 74:provided further that where a regional transport authority refuses an application for the grant of a permit of any kind under this act, it shall give to the applicant in writing its rjeasons for the refusal of the 1 0  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 ^ 5  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 2 0  service on any route to increase the frequency of the service so provided without any increase in the number of vehicles:provided fiuliier 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 25 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 30 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 exjtended or any part thereof | |(4) a regional transport authority may, before such date as may be specified by it in this behalf, replace any permit granted by it before 3 5  the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or ^ t io n  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 40 attached to the replaced permit or which could have been attached thereto imder 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 45under the provisions of sub-section (4) shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effective ,81 (1) a permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8 ) of section 8 8  shall be effective without renewal for a period of five years:duration and renewal of permitsprovided that where the permit is countersigned under sub-section 5 (1) of section 8 8 , such counter-signature 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 be, may entertain an application for a renewal of a permit after tfie last date specified in that sub-section if it is satisfied that the applicant was prevented by good and suflscient 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:—20(o) 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;25(b) thei 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, iiamely:—(i) plying any vehicle—(3 ) without payment of tax due on such vehicle;30(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 reute;(ii) making unauthorised trips:35provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an ap­ pellate authority shall not be taken into account:provided further that no application under this sub-section shall be 40 rejected imless an opportunity of being heard is given to the applicant(5) where a permit has been renewed under this section aftjer 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 45 permit has been granted, the fee paid in respect of such temporary per­mit shall be refundedtransfer of permit82 (i) save as provided in sub-section (2), a pfermit shall not be transferable from  one person to another except w ith  th e perm ission of the transport authority w hich granted the perm it and shall not, w ithout such perm ission operate to confer on any person to whom  a vehicle covered by th e perm it is transferred any right to use th a t vehicle in ^ th e m anner authorised by th e perm it, ,(2) where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by tl^e 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 jq 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 fu rth e r th at no perniit shall be so used after the date on w hich it w ould have ceased to bie effective w ithout renew al in the hands 15 of th e deceased holder(3) trtie transport authority m ay, on application m ade to it w ithin three m onths of the death of the holder of a perm it, transfer the perm it to th e person succeeding to the possession of th e vehicles covered by the perm it;provided th at th|e transport authority m ay en tertain  an application 20 m ade after the expiry of the said period of threfe m onths if it is satisfied th a t the applicant was prevented by good and sufficient cause from  m aking an application w ithin th e tim e specifiedreplace­ment of vehicles83 the holder of a penriit m ay, w ith the perm ission of the authority by w hich the perm it was granted replace any vehicle covered by the perm it by any other vehicle of the sanie niature2584 the following shall be conditions of every perm it—general conditions attaching to au permits(a) th at the vehicle to w hich the perm it relates carries valid certificate of fitness issued under section 56 and is at all tim es so 3q m aintained as to com ply w ith the requirem ents of this a ct and the rules m ade thereunder;(b) th at the vehicle to which the perm it relates is not driven at a speed exceeding the speed perm itted under this act;(c) th at any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed 35 in connection w ith the vehicle to w hich the perm it relates;(d) th at the vehicle to w hich the perm it relates is not driven in contravention of the provisions of section 5 or section 113(c) th at the provisions of this act lim iting the hours of w ork of drivers are observed in connection w ith any vehicle or vehicles 40 to w hich the perm it relates; and(f) th at th e provisions of chapters x, x i and x ii so far as they apply to the holder of the perm it are observed(g) th at the nam e and address of th e operator shall be painted 4s  or otherw ise finrtly affixed to every vehicle to w hich the perm it relates on the exterior of the body of th a t vehicle on both sides thereof in a colour or colours vividly contrasting to th e colou cf the vehicle centered as high as practicable below the window line in bold letters85 every perm it issued under this act shall be complete in itself and shall contain all the necessary particulars of the perm it and the condi-5 tions attached theretogeneral form of permits86 (1) the transport authority w hich granted a perm it m ay cancel the perm it or m ay 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 perm it, or cancel­lation and suspen­ sion of permits10(b) if the holder of the perm it uses or causes or allows a vehicle to be used in any m anner not authorised by the perm it, or(c) if the holder of the perm it ceases to own the vehicle covered by the perm it, or(d) if the holder of the perm it has obtained the perm it by fraud or m isrepresentation, or15(e) if the holder of the goods carriage perm it, fails w ithout reasonable cause to use the vehicle for the purposes for which the perm it was granted, or ' ,20(/) if the holder of the perm it acquires the citizenship of any foreign country:provided th at no perm it shall be suspended or cancelled unless an opportunity has been given to the holder of the perm it to furnish his explanation25(2) the transport authority m ay exercise the powers conferred on it under sub-section (i) in relation to a perm it granted by any authority or person to whom pow er in this behalf has been delegated under sub­ section (5) of section 68 as if the said perm it was a perm it granted by the transport authority(3) w here a transport authority cancels or suspends a perm it, it shall give to the holder in w riting its reasons for the action taken30(4) the powers exercisable under sub-section (i) (other than the pow er to cancel a perm it) by the transport authority which granted the perm it m ay be exercised by any authority or person to whom such pow ers have been delegated under sub-section (5) of section 68(5) w here a perm it is liable to be cancelled or suspended under clause (a) or clause (b) or clause (c) of sub-section (1) and the trans­port authority is of opinion th at having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the perm it if the holder of the perm it agrees to pay a certain sum of40 money, then, notw ithstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the perm it, as the case m ay be, recover from  the holder of the perm it the sum of money agreed upon(6) the powers exercisable by the transport authority under si'bsection (5) may, w here an appeal has been preferred under section 89, be exercised also by the appellate authority(7) in relation to a perm it referred to in sub-section (9) of section 88, the pow ers exercisable under sub-section (i) (other than the pow er to cancel a perm it) by the transport authority w hich granted th e perm it, m ay be exercised by any transport authority and any authority or persons to whom  pow er in this behalf has been delegated under sub- 5 section (5) of section 68, as if the said perm it was a perm it granted by any such authority or personstemporary permits87 (i) a regional t ransport a uthority and the state t ransport a uthority m ay w ithout follow ing the procedure laid down in section 80, grant perm its, to be effective for a lim ited period which shall, not in any case exceed four m onths, to authorise the use of a transport vehicle tem porarily— ' !(a) for the conveyance of passengers on special occasions such as to and from  fairs and religious gatherings, or(b) for the pxzrposes of a seasonal business, or(c) to m eet a particular tem porary need, or(d) pending decision on an application for the renew al ai a perm it, and m ay attach to any such perm it such condition as it m ay think fit:provided th a t a regional t ransport a uthority or, as the case m ay be, 20 s tate t ransport a uthority m ay, in  the case of goods carriages, under th e circum stances of an exceptional nature, and for reasons to be recorded in w riting, grant a perm it for a period exceeding four m onths, b u t not exceeding one year(2) n otw ithstanding anything contained in sub-section (i), a 25 tem porary perm it m ay be granted thereunder in  respect of any route or area w here— '(i) no perm it could be issued under section 72 or section 74 or section 76 or section 79 in respect of th at route or area by reason of an order of a court or other com petent authority restraining the 30 issue of the same, for a period not exceeding the period for which the issue of the perm it has been so restrained; or(ii) as a result of the suspension by a court or other com petent authority of the perm it of any vehicle in respect of th a t route or area, there is no transport vehicle of th e sam e class w ith a valid 35 perm it in respect of th a t route or area, or th ere is no adequate num ber of such vehicles in respect of th at route or area, for a period not exceeding the period of such suspension;provided th at the num ber of transport vehicles in respect of w hich tem porary perm its are so granted shall not exceed the num ber of 49 vehicles in respect of w hich th e issue of the perm its have been restrained or as the case m ay be, the perm it has been suspendedvalida­tion of permtes for the ouside region in which granted88 (1 ) except as m ay be otherw ise prescribed, a perm it granted by the regional t ransport a uthority of any one region shall not be valid in any other region, unless the perm it has been co u n tersig n ^  by th e 45 regional transport a uthority of th at other region, and a perm it granted in any one state shall not be valid in any other s tate unless countersigned by the state t ransport a uthority of th at other s tate o r by the regional transport a uthority concerned:provided th a t a goods carriage perm it, granted by the regional t ransport a uthority of any one region, for any area in any other region or regions w ithin the sam e s tate shall be valid in th at area w ithout the countersignature of the regional transport a uthority of the other 5 region or of each of the other regions concerned:10provided fu rth er th at w here both the starting point and the term inal point of a route are situate w ithin the same state, but part of such route lies in any other state and the length of such p art does not exceed sixteen kilom etres, the perm it shall be valid in the other state in respect of th at p art of the route w hich is in th at other state notw ithstanding th at such perm it has not been countersigned by the state transport a uthority or the regional transport a uthority of that other stateprovided also that—j 5 (a) w here a m otor vehicle covered by a perm it granted in onestate 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 a uthority, as the c entral g overnm ent may, by notification in the official gazette, specify^ to the effect th at the vehicle shall be 20 used for the period specified therein exclusively for the purposesof defence; and(b) any such perm it shall be valid in that other state notw ith­standing that such perm it has not been countersigned by the state transport a uthority or the regional transport a uthority of th at other 25 state(2) n otw ithstanding anything contained in sub-section (1), a perm it granted or countersigned by a state transport a uthority shall be valid in the whole state or in such regions w ithin the state as m ay be specified in the perm it30(3) a regional transport a uthority when countersigning the perm it m ay attach to the perm it any condition which it m ight have im posed if it had granted the perm it and m ay like-wise vary any condi­tion attached to the perm it by the authority by which the perm it was granted35(4) the provisions of this c hapter relating to the graht, revocation and suspension of perm its shall apply to the grant, revocation and suspension of countersignatures of permits:provided th at it shall not be necessary to follow the procedure laid 40 down in section 80 for the grant of countersignatures of permits, where the perm its granted in any one state are required to be countersigned by the state transport a uthority of another state or by the regional t ransport a uthority concerned as a result of any agreem ent arrived at betw een the states after complying with the requirem ents of fiubsection (5)(5) every proposal to enter into an agreem ent between the states to fix the num ber of perm its which is proposed to be granted or countersigned in  respect of each route or area, shall be published by each of th e s tate g overnm ents concerned in the official g azette and in any one o r m ore of the new spapers in regional language circulating in the area or route proposed to be covered by the agreem ent together w ith a  notice of the date before w hich representations in connection therew ith m ay 5 be subm itted, and the date not being less than th irty  days from  the date of publication in th e official g azette, on which, $nd the authority by w hich, and the tim e and place a t w hich, the proposal and any represen­tation received in connection therew ith w ill be considered(6) every agreem ent arrived at betw een the states shall, in so fa r 10 as it relates to the grant of countersignature of perm its, be published by each of the s tate g overnm ents concerned in the official g azette and in any one or m ore of the new spapers in the regional language circulating in the area or route covered by the agreem ent and the s tate transport a uthority of the state and the regional t ransport a uthority concerned shall give effect to it(7) n otw ithstanding anything contained in sub-section (1), a regional t ransport a uthority of one region m ay issue a tem porary perm it xmder section 87 to be valid in  another region or s tate w ith the concurrence, given generally or for the particular occasion, of th e r egional t ransport a uthority of th a t other region or of th e state trans port a uthority of th at other state^ as the case m ay be 20(8) n otw ithstanding anything contained in sub-section (1), but subject to any rules th at m ay be m ade under this a ct by thie c entral g overnm ent, the regional transport a uthority of any one region or, as the case m ay be, the state transport a uthority, m ay, for the conveni- 25 ence of the public, grant a special perm it in relation to a vehicle covered by a perm it issued under section 72 (including a reserve stage carriage) or under section 74 or xmder sub-section (9) of this section for carrying a passenger or passengers for hire or rew ard under a con­tract, express or im plied, for the use of the vehicle as a w hole w ithout 30 stopping to pick up  or set dow n along th e line of route passengers not included in the contract, and in every case w here such special perm it is granted, the regional t ransport a uthority shall assign to the vehicle, for display thereon, a special distinguishing m ark in the form  and m anner specified by the c entral g overnm ent and such special perm it 35 shall be valid in any other region or s tate w ithout the countersignature of the regional t ransport a uthority of the other region or of the state transport a uthority of the other state, as the case m ay be(9) n otw ithstanding anything contained in  sub-section (1) b u t 40 subject to any rules th a t m ay be m ade by the c entral g overnm ent under sub-section (14) any s tate t ransport a uthority may, for the purpose of prom oting tourism , grant perm its in respect of toiurist vehicles valid for the w hole of india, or in such contiguous states not being less than three in niraiber including the s tate in which th e perm it is 45 issued as m ay be specified in such perm it in accordance w ith the choice indicated in the application and the provisions of sections 73, 74, 80, 81,82, 83, 84, 85, 86 and 89 shall, as far as m ay be, apply in  relation to such perm its i(10) w ithout prejudice to the provisions of section 74, the state t ransport a uthority shall, in considering an application for a  perm it under sub-section (9), have regard to the following m atters, namely: —(a) no such permit shall be issued—5 (i) to an individual ow ner so as to exceed ten such validperm its in his own name,(ii) to a company so as to exceed twenty such valid permits in its own name:(b) the restriction under clause (a) regarding the num ber of10 perm its to be granted shall not apply to the india toiuism  develop­m ent corporation, s tate tourism  development corporations, state tourism  d epartm ents or s tate transport im dertakings;(c) in  com puting the num ber of piermits for the purposes of clause (a ), th e num ber of perm its held by an applicant in the nam e15 of any other person and the perm its held by any company of whichsuch applicant is a director shall also be taken into accountexplanation—^for the purposes of this sub-section and sub-section (13), "com pany" m eans a body corporate, and includes a firm  or other association of individuals; and "director" in relation to a firm, m eans a20 partner in the firm(11) the following shall be conditions of every permit granted under sub-section (9), namely:—(i) every m otor vehicle in respect of which such perm it is granted shall conform to such description, requirem ent regarding25 the seating capacity, standards of comforts, am enities and otherm atters, as the c entral g overnm ent m ay specify in this behalf;(ii) every such m otor vehicle shall be driven by a person having such quaufications and satisfying such conditions as m ay be specified by the c entral g overnm ent; and i30 (iii) such other conditions as m ay be prescribed by the central governm ent(12) inotwithstanding anything contained in  sub-section (1), but, subject to the rules that m ay be made by the central governm ent under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-state road transport, grant in a state, national perm its in respect of goods carriages and the provisions of sections 69, 77, 80, 81, 82, 83 84, 85, 86 and 89 shall, as far as may be, apply to or in  relation to th e grant of national perm its(13) the appropriate authority shall, in considering an application40 for a national perm it, have regard to the following m atters, nam ely:—(o) no national permit shall be issued—(i) to an individual owner so as to exceed five national per­mits in its own name;(ii) to a c o m { ^ y  so as to exceed ten  valid natioiud; p er m its in its ow n nam e;(b) the restriction under clause (a) regarding the num ber of perm its to be issued shall not apply to the s tate transport under­ takings 5(c) in com puting the num ber of perm its for the purposes of clause (a), the num ber of perm its held by an applicant in the nam e of any other person and the perm its held by any com pany of w hich such applicant is a director shall also be taken into account(14) (a) the c entral g overnm ent m ay m ake rules for carrying out jq th e provisions of this section(b) in  particular, and without prejudice to the generality of th e fore­going pow er, such rules m ay provide for all or any of th e follow ing m atters, nam ely:—(i) th e authorisation fee payable for the issue of a perm it refer- j 5 red to in sub-sections (9) and (12);(ii) th e fixation of the laden w eight of th e m otor vehicle;(hi) the distinguishing particulars or m arks to be carried or exm bited in or on the m otor vehicle;(iv) th e colour or colours in w hich the m otor vehicle is to be 20 painted;(v) such other m atters as th e appropriate authority shall consldjer in  granting a national perm itexplanation—^in this section,—(o) "appropriate authority", in  relation to a national perm it, 25 m eans the authority w hich is authorised \m der t ^  a ct to grant a goods carriage perm it;(b) "authorisation fee" m eans the annual fee, not exceeding one thousand rupees, w hich m ay be ch^gjed by th e appropriate autho­rity  of a s tate to enable a m otor vehicle, covered by tiie perm it jq  referred to in sub-«ections (9) and (1 2) to be used in other states subject to the paym ent of taxes or fees, if any, levied by th e states concerned;(c) "national perm it" m eans a perm it gr^inted by, the appro­priate authority to goods carriages to operate throughout th e terri- 35 tory of india or in suph contiguous states, not being less th an  fo w in  n v f^ e r, including the s late in ww ch the perm it is, issued as- n^^y be;, specified in  such perrnit, in aqcoyd^nce w ith the, choice indicated, in th e application| a fp o ^     |   99 (i) ||--------------|-----------|| a ny person— |        40 |(o) aggrieved by  the refusal o f th e s tate or a regional t rans­p o rt a jithority to  graint a perm it, or by any condition attached to a perm it granted to hirt},, or(w aggriftved "by the revocationor suspensionof the perm it or by any variation of the conditions thereof,-or ^5(c) a g ^ e v e d  "by th e refusal to transfer the perm it under seccion 82, or id) aggrieved by the refusal of the state or a regional traosport a uthority to countersign a perm it, or by any condition attached 5 to such countersignature, or(e) aggrieved by the refusal of renew al of a perm it, or(/) aggrieved by the refusal to grant peitnission xmder section83, or(g) aggrieved by any other order w hich m ay be prescribed,10 niay, w ithin the prescribed tim e and in the prescribed m anner, appeal to the state transport appellate tribunal constituted under sub-section(2), who shall, after giving such person and the original authority an c^portunily of being heard, give a decision thereon which shall be final15 (2 ) the state g overnm ent shall constitute for the state, a statet ransport a ppellate t ribunal w hich shall consist of a judicial officer who is not below the rank of a d istrict judge, or who is qualified to be a ju d g e of a h igh court:provided th at in relation to a union territory, tjie tribim al m ay 20 consist of the a dm inistrator of th at territory or any officer who has judicial experience ,(i) n otw ithstanding anything contained in sub-section (1) or sub­section (2), every appeal pending at the commencement of this act, shall continue to be proceeded w ith and disposed of as if this act had 25 not been passed1939explanation-—^for the rem oval of doubts, it is hereby declared that w hen any order is m ade by the state transport a uthority or the re­gional transport a uthority in pursuance of a direction issued by the inter-s tate t ransport cormnission under clause (c) of sub-section (2 ) of 30 section 63a of the m otor vehicles act, 1939, jis it stood im mediately be­fore the com m encem ent of this act, and any person feels aggrieved by such order on the groim d th at it is not in consonance w ith such direction, he m ay appeal im der sub-section (j) to the state transport appellate t ribunal against such order but not against the direction so issued35 90 the state transport a ppellate tribunal, may, on an application bevtoioii,m ade to it, call for the record of any case in which an order has been m ade by a state transport a uthority or regional transport a uthority against which no appeal lies, and if it appears to the state transport a ppellate t ribunal that the order m ade by the state transport autho- 40 rity  or regional transport a uthority is im proper or illegal, the state transport appellate tribunal m ay pass such order in relation to the case as if deems fit and every such order shall be final:provided th at the state transport appellate tribim al shall not enter­tain any application from  a person aggrieved by an order of a state 45 transport a uthority or regional transport authority,, unless the appli­cation is m ade w ithin thirty days from  the date of the order:provided further th at the state transport appellate tribim al may entertain the application after the expiry of the said period of thirty days, if it is satisfied th at the applicant was presented by good and suis- 50 cient cause from  m aking the application in time:p rovided also th a t th e s tate t ransport a ppellate t ribunal shall n o t pass an  order under this section prejudicial to any person w ithout giving him  a  reasonable opportunity of being heard91 (2) n o person shall cause or allow  any person w ho is em ployed by him  for th e purpose of driving a tran sp o rt vehicle or w ho is subject 5to his control for such purpose to w ork—restric­tion of hours of work ofdrivers(o) for m ore th an  five hours before h e has had an interval of re st of a t least h alf an  hoxir; or(b) for m ore th an  eight hours in  one day; or(c) for m ore th an  forty-eight hours in  any week jq(2) a  s tate g overnm ent m ay, by notification in the oflbcial g azette, g ra n t such exem ptions from  the provisions of sub-section (i) as it thinlcg fit, to m eet cases of em ergency or of delays by reason of circum stances w hich could not be foreseen(3) a  s tate g overnm ent or, if authorised in this behalf by the 15 s tate g overnm ent by rules m ade im der section 96, th e s tate or a re­gional t ransport a uthority m ay require persons em ploying any person w hose w ork is subject to any of th e provisions of sub-section (i) to fi» beforehand the hours of w ork of such persons so as to conform  to those provisions, and m ay provide for th e recording of th e hours so 20 fixed(4) no person shall w ork or shall cause or allow  any other person to w ork outside the hours fixed or recorded for the w ork of such per­sons vmder sub-section (3)(5) a s tate g overnm ent m ay prescribe the circum stances under 25 w hich and th e period during w hich th e driver of a vehicle although not engaged in w ork is required to rem ain on or near the vehicle m ay be deem ed to be an interval for rest w ithin the m eaning of sub-section (1)voidance ol con­tracts restric­tive of liability92 a ny contract for the conveyance of a passenger in a stage car­riage or contract carriage, in respect of w hich a perm it has been issued 30 vmder this c hapter, shall, so fa r as it purports to negative or restrict the liability of any person in respect of any claim  m ade against th at per­son in respect of th e death of, or bodily injury to the passenger w hile being carried in, entering or alighting from  the vehicle, or purports to im pose any conditions w ith respect to the enforcem ent of any such lia- 35 bility, be void 93 (i) no person shall engage him self—| agent or   |     ||------------|-----|| canvasser  |     || toobtaia   |     ||            |     || licence   |     |(i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherw ise soliciting custom for such vehicles, or(it) as an agent in the business of collecting, forw arding or dis­tributing goods carried by goods carriage, unless he has obtained a licence from  such authority and subject to such conditions as m ay be prescribed by the state governm ent(2) the conditions referred to in sub-section (1) m ay include all sr jn y  of the following m atters, nam ely:__(a) th e period for w hich a licence m ay be granted or renewed;(b) th e fee payable for the issue or renew al of the licence;5 (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, forw arding or distributing goods carried by goods carriage,(ii) of a sum  not exceeding rupees five thousand in the 2q case nf any other agent or canvasser, and the circum stances under w hich the security m ay be forfeited;(d) the provision by the agent of insurance of goods in transit;(e) the authority by w hich and the circum stances under which th e licence m ay be suspended or revoked;15 (/) such other conditions as m ay be prescribed by the state, g overnm ent(3) it shall be a condition of every licence th at no agent or con- veisser to w hom  the licence is granted shall advertise in any new spaper, book, list, classified directory or other pubhcation unless there is con-20 tained in such advertisem ent appearing in such n ew ^ ap er, book, list, classified directory or oth|er publication the licence num ber, the date of expiry of licence and the particulars of the authority w hich granted the licencebar or jurisdic­tion of civil courts94 no civil court shall have jurisdiction to entertain any question 25 relating to the grant of a perm it under this act, and no injvmction in respect of any action taken or to be taken by the duly constituted autho­rities under this a ct w ith regard to the grant of perm it, shall be enter­ tained by any civil court95 (1) a  state g overnm ent m ay m ake rules to regulate, in respect 3q of stage carriages and contract carriages and the conduct of passengers in  such vehicles(2) w ithout prejudice to the generality of the foregoing provision, such rules m ay— 35power of state govern­ment to make rules as to stage carriages and con­ tractcarriages(a) authorise the rem oval from  such vehicle of any person con­travening th e 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 nam e and address to a police officer or to the driver or conductor on demand;40(c) require a passenger to d|eclare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor;'(d) require, on dem and being m ade for th e purpose b y  th e d riv er o r conductor or other person authorised by th e  ow ners of tbe vehicle, production during the journey and surrender at the end of the journey by th e  holder thereof of any ticket issued to  htm ;(e) require a passenger, if so requested by  th e driver or conduc 5 ;or, to leave the vehicie on the com pletion of the journey the fare for w hich he has paid;(/) require th e su rren d er by the holder thereof on th e e z p iz j of ihe period for which it ijj issued of a ticket issued to him ;{g) require a passenger to abstain from  doing anything w hich 10 is likely to obstruct or interfere w ith the w orking of th e vehicle or to cause dam age to any p art of the vehicle or its equipm ent or to cause in ju ry  or discom fort to any otber passenger; ,(li) require a passenger not to  sm oke in  an y  vehicle on w hich a notice prohibiting sm oking is exhibited; , 15(i) require th e m aintenance of com plaint books in  s ti^ e  car­riages and prescribe th e conditions under w hich passengers can record any com plaints in th e same96 (1) a  s tate g overnm ent m ay m ake rules lo r th e purpose of carrying into effect th e provisions of this c hapter 20(2) w ithout prejudice to th e generality of th e foregoing pow er, roles under this section m ay be m ade w ith  respect to all or any of the follow ing m atters, n am ely :— , power of state govern­ment to make rules for the pur­poses of this chapter(i) th e period of appointm ent and th e term s of appointm ent of and th e conduct of business by regional and s tate t ransport a utho- 25 rities an d  th e reports to be furnished by them ;(ii) th e conduct of business by any such authority in th e a b ­sence of any m em ber (including th e c hairm an) thereof and th e n atu re of business w hich, the circum stances im der w hich and th e m anner in w hich, business could be so conducted; 30(iii) th e conduct and hearing of appeals th at m ay be preferred under this c hapter, the fees to be paid in respect of such appeals an d  the refim d of such fees;(tv) the form s to be used for the purposes of this c hapter, in­cluding the form s of perm its; 35(v) the issue of copies of perm its in place of perm its lost, des­troyed or m utilated;(vi) the docum ents, plates and m arks to be carried by transport vehicles, the m anner in w hich they are to be carried and the langu­ages in w hich any such docum ents are to be expressed;(vii) the fees to be paid in respect of applications for perm its, duplicate perm its and plates;{viii} the exem ption of prescribed persons or prescribed classes at persons from  paym ent of all or any or any portion of the fee payadle under this c hapter;(ix) the custody, production and cancellation on revocation or expiration of permits, and the return of peim its which have been cancelled;(®) the conditions subject to which, and the extent to which, a perm it granted in another state shall be valid in the state w ithout counter-signature;(xi) the conditions subject to which, and the extent to which, a perm it granted in one region shall be valid in another region w ithin the state w ithout counter-signature;10(xii) the conditions to be attached to perm its for the purpose of giving effect to any agreem ent such as is referred to in clause (iit) of sub-section (i) of section 67;(ariii) the authorities to whom, the tim e w ithin which and the m anner in w hich appeals m ay be made;15(xiv) the construction and fittings of, and the equipm ent to be carried by, stage and contract carriages, w hether generally or in specified areas;(xv) the determ ination of the num ber of passengers a stage or contract carriage is adapted to carry and the num ber w hich m ay be carried;20(aroi) th e  conditions subject to w hich goods m ay be carried on stage and contract carriages partly or w holly in lieu of passengers;(aruii) the safe custody and disposal of property left in a stage or contract carriage;25(xmii) regulating the painting or m arking of transport vehicles and the diq>iay of advertising m atter thereon, and in particular prohihiting the painting or m arking of transport vehicles in such colour or m anner as to induce any person to believe th at the vehicle is used for the transport of mails;30(xix) the conveyance in stage or contract carriages of corpse or persons suffering from  any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and th inspection and- ddsinfectaon of such carriages; if used for such purposes;(xx) the provision of taxi m eters on m otor cabs requiring35 approval or standard types of taxi m eters to be used and examining testing and sealing taxi m eters;40(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-halttog place and requiring thfe driver of a stage carriage to stop and: remain stationary for a reasonabte tim e when so required: by a passenger desiring to board or alight from the vehicle at a notified halting placie;(xxit) the requirem ents which shau be complied w ith in- tl» 45 construction or use of any duly notified stand ?orr halltog plaoe,in c lu d in g  th e  pr ovi s i on'of  a d eq u a te e q u ip m en t and: fa c ilitie s ' f« rth e convenience of all users thereof; th e fees, if any, w hich m ay be charged for th e use of such facilities, th e records w hich shall be m aintained at such stands or places, the staff to be em ployed thereat, and th e duties and conduct of such staff, and generally for m aintaining such stands and places in a serviceable and clean 5 condition;(xxiii) the regiuation of m otor cab ranks;(xxiv) requiring th e ow ners of transport vehicles to notify any change of address or to report the failure of or dam age to any vehicle used for the conveyance of passengers for hire or rew ard; 10(xxv) authorising specified persons to enter at all reasonable tim es and inspect all prem ises used by perm it holders for the p u r­poses of th eir business;(xxvi) requiring th e person in charge of a stage carriage to carry any person tendering the legal or custom ary fare; 15(xxvii) the conditions under w hich and the types of containers or vehicles in w hich anim als or birds m ay be carried and th e seasons during w hich anim als or birds m ay or m ay not be carried;(xxviii) the licensing of and the regulation of the conduct of agents or canvassers w ho engage in the sale of tickets for trav el 20 by public service vehicles or otherw ise solicit custom  for such vehicles;(xxix) the licensing of agents engaged in the business of col­lecting for forw arding and distributing goods carried by  gojds carriages; 25(xxx) th e inspection of transport vehicles and th eir contents and of the perm its relating to them ;(xxxi) the carriage of persons other than the driver in goods carriages;(xxxii) the records to be m aintained and the retu rn s to be 30 furnished by th e ow ners of transport vehicles; and(aasciii) any other m atter w hich is to b e or m ay be prw cribed chapter v i s pecia l pro v isio n s relating to s tate transport undertakingsdefbiition97 in  this c hapter, unless th e context otherw ise requires, "road 35 transport service" m eans a service of m otor vehicles carrjdng passen­gers or goods or both by road for h ire or rew ard98 the provisions of this c hapter and the rules and orders m ade thereunder shall have effect notw ithstanding anything inconsistent therew ith contained in  c hapter v  or in  any other law  for th e tim e ^  being in  force or in any instrum ent having effect by virtue of any such law oiapter vi to override chapter v and other lawsprepara­tion and publica­tion of proposal regard­ ing road transport service of a state transport underta­king99 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 5 relation to any area or route or portion thereof should be run and operated by the state transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the state govern­ment may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route 10 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 1 5 government formulating such proposal deem fitobjection to the proposal100 (1) on the publication of any proposal regarding a schemje in the official gazette and in not less than one newspaper in the regional language circulating in the area or route which is to covered by such proposal any person may, within thirty days from the date of its publi-20 cation in the official gazette, file objections to it before the statje 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 heard25 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 covered30 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 ahd 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 3 5  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 publi- 4 q cation of the proposal regarding the scheme in the official gazette under sub-section (i), the proposal shall be deemed to have lapsedexplanation—in computing the period of one year referred to m this sub-section, any period or periods during which th^e publication of the approved scheme under sub-section (3) was held up on account of 45 any stay or injunction by the order of any court shall be e x c l u d e d 101 n otw ithstanding anything contained in section 87, a s tate tran sp o rt undertaking m ay, in  th e public in terest operate additional services for the conveyance of the passengers on special occasions such as to and from  fairs and religious gatherings: i ptovidfbd th a t th e s tate tran sp o rt im dertaking shall inform  about 5 the operation of such additional services to the concerned t ransport a uthority w ithout delayoperation of ad­ditional services by state transport under, taking in certain circum­stances102 (i) t he s tate g overnm ent m ay, a t any tim e, if it considers necessary, in th e public interest so to do, m odify any approved schem e after giving— 10cancel­ lation or modifi­cation of scheme(i) the state t ransport u ndertaking; and(ii) any other person who, in  th e opinion of the s tate g overn­m ent, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification(2) the s tate g overnm ent shall publish any modification proposed 15 under sub-section (1) in  the 0 £bcial g azette anid in  one of th e new s­papers in  th e regional languages circulating in  th e area in w hich it is proposed to be covered by such modification, together w ith the date, not being less th an  th irty  days from  such publication in the ofl&cial g azette, and th e tim e and place a t w hich any representation received in  this 20 behalf w ill be heard by th e s tate g overnm entissue of permits to state tram - port under­takings103 (1) w here, in pursuance of an approved scheme, any s tate transport im dertaking applies in such m anner as m ay be prescribed by th e s tate g overnm ent in  this behalf for a stage carriage perm it or a goods carriage perm it or a contract carriage p a m it in  respect of a 25 notified area or notified route, the s tate t ransport a uthority in  any case w here th e  said area or route lies in m ore th an  one region and th e regional t ransport a uthority in any other case shall issue such perm it to th e s tate transport undjertaking, notw ithstanding anything to th e contrary contained in c hapter v  30(2) f or the purpose of giving effect to th e approved sdiem e in  res­pect of a notified area or notified route, th e s tate t ransport a uthority or, as the case m ay be, the regional t ransport a uthority concerned m ay, by order,—(a) refuse to entertain any application for th e grant or renew al 35 of any other perm it or reject any such application as m ay be pending;(b) cancel any existing perm it;(c) m odify the term s of any existing perm it so as to—(i) render the perm it ineflfective beyond a specified date;(ii) reduce the num ber of vehicles authorised to be used under the perm it;(iii) curtail the area or route covered by the perm it in so far as such perm it relates to the notified area or notified route5 (3) for the rem oval of doubts, it is hereby declared th at no appealshall lie against any action taken, or order passed, by the state transport a uthority or any regional transport a uthority under sub-section (i) or sub-section (2)104 w here a scheme has been published under sub-section (3) of 10 section 100 in respect of any notified area or notified route, the state t ransport a uthority or the regional transport a uthority, as the case m ay be, shall not grzmt any perm it except in accordance w ith the pro­ visions of the scheme:restriction on grant of per­mits in respect of a notified area or notified routeprovided th at w here no application for a perm it has been made by 15 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 t ransport a uthority, as the case m ay be, m ay grant tem porary perm its to any person in respect of such notified area or notified route subject to the condition th at such perm it shall cease to be 20 effective on the issue of a perm it to the state transport undertaking in respect of th at area or route105 (1) w here, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing perm it is cancelled or the term s thereof are modified, there shall be paid by the25 s tate transport undertaking to the holder of the perm it, compensation, the am ount of w hich shall be determ ined in accordance w ith the pro- \dsions of sub-section (4) or sub-section (5), as the case m ay beprinciples and method of deter­mining com­pensation and payment thereof(2) n otw ithstanding anything contained in sub-section (j), no com­pensation shall be payable on account of the cancellation of any existing30 perm it or any modification of the term s thereof, when a perm it for an alternative route or area in lieu thereof has been offered by the state t ransport a uthority or the regional transport a uthority, as the case m ay be and accepted by the holder of the permit(3) for the rem oval of doubts, it is hereby declared that no com- 35 pensation shall be payable on account of the refusal to renew a perm it vmder clause (a) of sub-section (2) of section 103(4) w here, 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 perm it is cancelled or the tierms thereof are modi- 40 fied so as to prevent the holder of the perm it from  using any vehicle authorised to be used thereunder for the full period from  which the perm it, w ould otherw ise have been effective, th e compensation payah e to th e holder of the perm it for each vehicle affected by such cancella­tion or modificaiion shall be computed as follows:—45 (a) for every complete m onth or part of am onth exceeding fifteen days of the im expired two him dred period of the perm it rupees50(b) for padt of a month not exceeding fifteen days of the unexpired period of the permit: one htmdredrupeesprovided th at the am ount of com pensation shall, in no case, be less than four hundred rupees(5) w here, in exercise of the pow ers conferred by sub-clause (hi)of clause (c) of sub-section (2) of section 103, th e term s of an existing perm it are modified so as to curtail th e area or route of any vehicle au­thorised to be used thereunder, the com pensation payable to the holder of the perm it on account of such curtsiilm ent shall be an am ount com­ puted in accordance w ith the follow ing form ula, nam ely: —y x a r  10explanation—in this form ula,—(i) "y " m eans the length or area by w hich the route or area covered by the perm it is curtailed;(ii) "a " m eans the am ount com puted in accordance w ith sub-section (4); 15(iii) "r" m eans the total length of the route or the total area covered by the perm it(6 ) the am ount of com pensation payable im der this section shall be paid by th e s tate transport im dertaking to th e person o r persons entitled thereto w ithin one m onth from  the date on w hich the cancellation or 20 m odification of the perm it becomes effective:provided th a t w here the state transport undertaking fails to m ake th e paym ent w ithin the said period of one m onth, it shall pay interest a t the ra te of seven per cent, p er annum  from  the date on w hich it falls due i '  ' ' ' ' 2 5disposal of article^- found invehicles106 w here any article found in any transport vehicle operated by th e s tate transport undertaking is not claim ed by its ow ner w ithin the prescribed period, the s tate transport undertaking m ay sell the article in the prescribed m anner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to th e ow ner on dem and 30107 (2) the s tate g overnm ent m ay m ake rules for the purpose of carrying into effect the provisions of this chapterpower of state govern­ment to make rules(2) in particular and w ithout prejudice to the generality of the fore­going pow er, such rules m ay provide for all or any of the following m atters, nam ely:—(a) the form  in w hich any proposal regarding a scheme m ay be published under section 99;(b) the m anner in w hich objections m ay be filed under sub­section (i) of section 100:(c) the m anner in which objections m ay be considered and dis- 40 posed of under sub-section (2) of section 100;(d) the form  in which any approved scheme m ay be published under sub-section (3) of section 100;(e) the m anner in which application under sub-section (1) of section 103 m ay be made;(f) the period w ithin which the owner may claim any article found left in any transport vehicle under section 106 and the man-5 n er of sale of such article;(g) the m anner of service of orders under this chapter; (h) any other m atter which has to be, or m ay be, prescribed108 the pow ers conferred on the state g overnm ent under this chapshall, in relation to a corporation or company owned or controlled 10 by the c entral grovemment or by the c entral governm ent and cne oi m ore state governm ents, be exercisable only by the c entral govern­m ent in relation to an inter-state route or areacertain powers of state govern­ ment exercis­able by the cent­ral gov ernment chapter v n c onstruction, eotripment and m a in ten a n c e of m otor vehicles15 109 (1) every m otor vehicle shall be so constructed and so m ain­tained as to be a t au tim es under the effective control of the person driving the vehicle(2) every m otor vehicle shall be so constructed as to have right hand steering control unless it is equipped w ith a m echanical or electrical 20 signalling device of a prescribed nature , general provision regarding construc­tion and mainte­nance of vehicles110 (1 ) the c ^ tr a l g overnm ent m ay m ake rules regulating the construction, equipm ent and m aintenance of m otor vehicles and trailers w ith respect to any of the following m atters, nam ely:—power of central govern­m ent to make rules(o) the w idth, height, length and overhang of vehicles and of the loads carried;25(b) the size, nature and condition of tyres;(c) brakes and steering gear;(d) the use of safety glasses including prohibition of the use of tinted safety glasses;(e) signalling appliances, lamps and reflectors;30(f) speed governors;(g) the emission of smoke^ visible vapour, sparks, ashes, grit oroil;(h) the reduction of noise em itted by or caused by vehicles;35(i) the embossment of chassis num ber and engine num ber and the date of m anufacture;(j) safety belts, handle bars of motor cycles, auto-dippers and other equipm ents essential for safety of drivers, passengers and other road users;(fc) standards of th e com ponents used in th e vehicle as inbuilt safety devices;(i) provision for transportation of goods of dangerous or hazar­dous n atu re to hum an life;(m ) standards for emission of air pouutants: 5provided th at any rules relating to th e m atters dealing w ith th e protection of environm ent, so far as m ay be, shall be m ade after con­sultation w ith the m inistry of the g overnm ent of india dealing w ith environm ent | j(2) rules m ay be m ade im der sub-section (i) governing th e m atters 10m entioned therein, including th e  m anner of ensuring the com pliance w ith such m atters and th e m aintenance of m otor v eh id es in  respect of such m atters, eith er generally in respect of m otor vehicles or trailers o r in respect of m otor vehides or trailers of a particular class or in particular circimistances 15(3) n otw ithstanding anything contained in  this section,— ,(a) the c entral g overnm ent m ay exem pt any class of m otor vehicles from  the provisions of this c hapter;(b) a state g overnm ent m ay exem pt emy m otor vehicle or any class or description of m otor vehicles from  the rules m ade under 20sub-section (i) subject to such conditions as m ay be prescribed by the c entral g overnm ent111 (1) a s tate g overnm ent m ay m ake rules regulating th e cons­truction, equipm ent and m aintenance of m otor vehicles and trailers w ith respect to all m atters other than th e m atters spiecified in  sub-section (1) 25 of section 110pow er of state government to m n lf rules(2) w ithout prejudice to the generality of the foregoing power, rules m ay be m ade im der this section governing any of th e following m atter either generally in respect of m otor vehicles or trailers or in  respect of m otor vehicles or trailers of a particular class or description or in parti- 30 cular circum stances, nam ely: —(a) seating arrangem ents in  public service vehicles and the protection of passengers against th e w eather;(b) prohibiting or restricting th e use of audible signals at certain tim es or in certain places; 35(c) prohibiting the carrying of appliances likely to cause aimoyance or danger;(d) th e periodical testing and inspection of vehicles by prescrib­ed authorities;(e) the particulars other than registration m arks to be exhibited 40 by vehicles and the m anner in w hich they shall be eadiibited;(f) th e use of trailers w ith m otor vehicles; and(g) the placem ent of audio-visual or radio or taperecorder type of devices in the vehicle chapter v n i coktrol of t rafficlimits of speed112 (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 5 maximum speed or below the minimum speed fixed for the vphicle 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 10 gazette i(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 interests of public safety or convenience or because of the nature of any road or bridge, by notification in the15 official gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximtom speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified dass or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on 20 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 xmder section 60 while it is being used in the execution of military25 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 s ef 193s113 (1) the state government may prescribe the conditions for the limits of issue of permits for heavy goods vehicles or heavy passenger motor weight 30 vehicles by the state or regional transport authorities and may prohibit or restrict the use of such vehicles in any area or routetadonsoa use(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 tj^es35 (3) no person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer—(a) the imladen weight of which exceeds the imladen weight specified in the certificate of registration of the vehicle, or(b) the laden weight of which exceeds the w e i^ t specified in the certificate of registrationgross vehicle40(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 sub­section (3) is not the owner, a court may presume that the oflfence w»i committed with the knowledge of or under th e  orders of the owner of 45 the motor vehicle or trailer| power tc   ||------------|| have       || vehicle    || weighed   |114 (1) any person authorised in this behalf by the state government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113, require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilo- 5metres 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 10 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 15 overloading on the goods carriage perm it and also intimate the fact of such endorsement to the authority which issued that permitpower to restrict the use of vehicles115 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 20 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 25 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 imder 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 30 as the circumstances may permit, shall be given of such prohibition or restriction| power to   ||------------|| erect      || traffic    || signs     |116 (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 35 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 40 by the erection at suitable places of the appropriate traffic sign referred to in part a of the schedule^ designate certain roads as main roads for the purposes of the driving regulations made by the central government(2) traffic signs placed or erected under sub-section (1) for any pur­pose for which provision is made in the schedule shall be of the size, 45 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, 50provided 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 (i), no traffic sign shall, after the commencement of this act, be placed or erected on or near aay j  road; but ail traiiic signs placed or erected prior to the commencement of ihis act dy' any competenl autiiority saaii for the purpose of tins act be deemed to be traffic signs placed or erected imder tiie provisions of sub­ section (i)(4) a state government may, by notffication in the official gazette, empower any police officer not oelow tlie rank of a supermtendent of police to remove or cause to be removed any sign or advertisement whicti is so placed in his opinion as to obscure any traffic sign irom  view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be loisleading or which in his opinion is likely to distract the attention or concentration of the driver(6) no person shall wilfully remove, alter, deface, or in any way tam per 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 wiiich it is placed or erected2q under this section, he shall report the circumstances of the occunvnce to a police officer or at a police station as soon as possible, and m  any case witiiin twenty-four hours of the occurrence(7) for the pturpose of bringing the signs set forth in the schedule in conforinity with any international convention relating to motor traffic to wiuch 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 notffication, the schedule shall be deemed to be amended accordinglyparkiag places and hal tin^; sta» tiozul2q 117 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 servics2 vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers118 the central government may, by notification in the official gazette, make regulations for the driving of motor vehicles , driving regula­tions40duty to obey trafflc signs119 (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 45 mcluded in psirt a of the schedule, or any traffic sign of similar form (that is to say, consisting of op 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 m otor vehicle traffic under sub-section (i) ot section lib 120 no person shall drive or cause or allow to be driven ia  any pubhc place iiiutui' vcuicie w iui a jeji-naaa steering control unless it is w itii a  liic c iiw ^ iiic c ii o r  e ie c tia c d i u tj v ic e  01 a  ^ i c b v ^ i i u e avehicles with left hand controliiutcuc cixiu hi vvoiii-iii^ ox'uerin e  aiiv er ox a m otor veiiicie snali m ake such signals ana ou sucii occ(^iuiis cis xnay oe picsciioea uy uie leiitrai (jroveiiunentvsignals and signa­ling devi cesjrruviaea mac m e sigaai oi an niienuon lo tui'n lo ine n g n t or leit or to stop—10, (a) m  the case ox a m otor vehicle w iln a n g n t hand steering control, m ay oe given uy a m ecnam cai or electrical aevice ol a prescriuea n atu ie am xea to tne vem cie; and(0 ) m  tne case of a m otor vem cie w ith a left hanu steering conuol, snail de given by a m ecnam cai or electrical device ol a prescnoea n atu re alhxed to the velucie:15p roviaed further that the state g overnm ent m ay, having regard to the w iatn ana condition oi tne roaos m  any area or route, dy notm cation m  the uhiciai uazett^, exem pt suoject to sucn cononions as m ay oe sjpecmed m erem  any mocor vem cie oi class or description ot m otor vem cies irom  tne operation of tnis section for the purpose of plym g m  20 th at area or route ^ ^leaving vehide in dangerous position122 1^0 person in charge of a m otor vehicle shall cause or allow ihe vehicle or any; trailer to be abanaoned or to rem ain a t rest on any puunc place m  such a position or in such a conoiiion or m  sucn circum ­stances as to cause or lite ly  to cause danger, obstruction or im aue 25 inconvem ence to other users of the pubhc piace or to the passengersriding on running board123 (i) no person driving or in charge of a  m otor vehicle shall carry any person or perm it any person to be carried on the running board or otnerw ise than w ithiii the body of the vehicle(2) no person shall travel on the running board or on the top or on 30 the bonnet of a  m otor vehicle124 no person shall enter or rem ain in any stage carriage for the purposes of travelling therein unless he has w ith him  a proper pass or ticliet;ftrohibi-tionagainsttravellingwithoutpass orticket   provided th at w here arrangem ents for the supply of tickets                                                                    are 35 m ade in the stage carriage by w hich a person has to travel, a person m ay enter such stage carriage but as soon as m ay be after his entry therein, he shall m ake the paym ent of his fare to the conductor or the driver who perform s the functions of                                        a conductor                                                     and                                                           obtain                                                                   from  such conductor or driver, as the case m ay be, a ticket for his journey                                                                       40  explanation—lu  this section,—      (a)                  "pass" m eans a duty, privilege                                                               or courtesy pass entitling th e person to whom  it is given to travel in a stage carriage gratuitous­ly and includes a  pass issued on paym ent for travel in  a stage carri­age for the period specified therein;(b) "ticket" includes a single ticket, a return ticket or a seasob ticketobstruetion of driver125 no person driving a m otor vehicle shall allow any person to stand or sit or to place anything in such a m anner or position as to5 ham per the driver in his control of the vehiclestationaryvehicles126 no person driving or in charge of a m otor vehicle shall cause or allow the vehicle to rem ain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the m echanism  has been stopped and a brake or brakes applied10 or such other m easures taken as to ensure th at the vehicle cannot acci­dentally be p u t in m otion in the absence of the driver127 (i) w here any m otor vehicle is abandoned, or left im attended, on a public place for ten hours or more, its rem oval by a towing service m ay be authorised by a police officer having jurisdictionremoval of motor vehicles abandoned or left unatteur ded on a public place15 (2) w here an abandoned, unattended, wrecked, burned or partiallydism antled vehicle is creating a traffic hazard because of its position in relation to the highway, or its physical appearance is causing the impedi­m ent to the traffic, its im m ediate rem oval from  the highway by a towing service m ay be authorised by a police officer having jurisdiction20  (5) w here a vehicle is authorised to be removed under sub-section(i) or sub-section (2) by a police officer, the ow ner of the vehicle shall be responsible for all tow ing costs, besides any other penaltysafety measures for driverf and pillion rider128 (i) no driver of a two-wheeled m otor c ^ le  shall carry m ore than one person in addition to him self on the m otor cycle and no such25 person shall be carried otherw ise than sitting on a proper seat securely fixed to the m otor cycle behind the driver's seat w ith appropriate safety m easures ' ■' '■(2) in addition to the safety m easures m entioned in sub-section(1), the central g overnm ent may, prescribe other safety m easures for30 the drivers of two-wheeled m otor cycles and pillion riders thereon, wearing of protec­tive head­gear129 every person driving or riding (otherwise than in a side car, on a m otor cycle of any class or description) shall, while in a public place, w ear a protective headgear of such description as m ay be specified by the state governm ent by rules m ade by it in this behalf, and different35 descriptions of headgears m av be specified in such rules in relation to different circumstances or different class or description of m otor cycles:provided th at the provisions of this section shall not apply to a person who is a sikh, if he is, while driving or riding on the m otor cycle, in a public place, w earing a turban;40pro-'/ided further th at the state governm ent may, by such roles, provide for such exceptions as it m ay think fitetplanation—"protective headgear" m eans a helm et which,—45(a) by virtue of its shape, m aterial and construction, could rea­sonably be expected to afford to the person driving or riding cn a ttiotnr cycle a degree of protection from  injury in the event of >n accident; and "(h) is securely fastened to the head of the w earer by m eans «f straps or other fastenings provided on the headgear130 ( 1) the driver of a m otor vehicle in  any public place shsill, on dem and by any police officer in uniform^ produce his licence for e x a m i­nation: duty to produce licence and certi ficate of registra­tionprovided th at the driver m ay, if his licence has been subm itted to , or has been seized by, any officer or authority under this or any o th e r  act, produce in lieu of the licence a receipt or other acknow ledm ent issued by such officer or authority in respect thereof and th e r e a f t e r  produce the licence w ithin such period, in such m anner as th e c entral lo g overnm ent m ay prescribe to th e police officer m aking the demand(2) the conductor, if any, of a m otor vehicle in any public p la e   shall, on dem and by any police officer in imiform^ produce his licence for exam ination(3) the ow ner of a m otor vehicle (other than a vehicle registered 15 xmder section 60), or in his absence the driver or other person in charge of the vehicle, shall on dem and by a registering authority or a n y  p e rs tm  authorised, in this behalf by th e state g overnm ent produce th e certi­ficate of registration and th e certificate of insurance of the vehicle a n d , w here th e vehicle is a transport vehicle, also the certificate of fitnes9 20referred to in section 56 and th e perm itexplanation— ^for the purposes of this sub-section, "certificate of insurance" a e a n s  th e certificate issued im der sub-section (3) of sectitax 147(4) if the licence referred to in sub-section (2) or th e certificates or 25perm it referred to in sub-section (3), as the case m ay be, are not a t th e tim e in the possession of the person to w hom  dem and is made, it shall be a siifficient com pliance w ith this section if such person produces th e licence or certificates or perm it w ithin such period in such m anner as the c entral g overnm ent m ay prescribe, to th e police officer or authority 40 m aking the dem and:provided that, except to such extent and w ith such modificationa as m ay be prescribed, the provisions of this sub-section sball not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicleduty ot tb« driver to take certain precautiont at ungoat- ded rail­way leval crossings131 every driver of a m otor vehicle at the approach ol any xoh- guarded railw ay level crossing shall cause tiie vehicle stop and ibm driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to w alk up to the level crossing and ensure th at no train or trolley is approaching from  either side and th e n  ^  pilot the m otor vehicle across such level crossing, and w here no conr ductor or cleaner or attendant or any other person is available in t h e  vehicle, the driver of the vehicle shall get down from  the vehicle him ­self to ensure th at no train or trolley is approaching from  either fide before the railw ay track is crosied 132 (1) the driver of a m otor vehicle diall cause the vehicle to stop and rem ain stationary so long as m ay reasonably be necessary—(a) w hen required to do so by any police officer in imiform, orduty of driver to stop in certain case(b) w hen required to do so by any person in charge of an animal 5 if such person apprehends that the anim al is, or being alarm ed by the vehicle w ill become, unm anageable, or(c) w hen the vehicle is involved in the occurrence of an acci­dent to a person, anim al or vehicle or of damage to any property, w hether the driving or m anagem ent of the vehicle was or was not10 the cause of the accident or damage, and he shall give his nam e and address and the nam e and address of the owner of the vehicle to any person affected by any such accident or damage who dem ands it provided such person also furnishes ms name and address '(2) the driver of a m otor vehicle shall, on dem and by a person giving his own nam e and address and alleging that the driver has com­m itted an offence punishable under section 184 give his nam e and address to th at person(3) in this section th e expression ''anim al" m eans any horse, cattle,20 elephant, camel, ass, mule, sheep or goatixity cl owner of motor vehicle to giv« infor­ mation133 the ow ner of a m otor vehicle, the driver or conductor of w hich is accused of anv offence under this act shall, on the demand of any police officer authorised in this behalf by th e state govern­ment, give all inform ation regarding the nam e and address of, and the25 licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him134 w hen any person is iniured or any property of a third party is damasfed, as a result of an accident in which a m otor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall—30duty of driver in case of accident and in­jury to a perion(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 f o r  the iniured person, and, if necessarv, convey him  to the nearest hospital, unless the iniured person or his guardian, in case he is a minor, desires otherwise;35(b) give on dem and bv a police officer anv informatiofi required by him, or, if no police officer is nresent, renort the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable s^eps to sectire medica'^ attention as reauired under clause(a), at the nearest nolice station as soon as possible and in anv case w ithin tw enty-four hours of the occurrence40135 (1) the state g overnm ent may, bv notification in the official gazette, m ake one or more schemes to provide for—| (a)                                | an in depth study on causes and analysis of m otor vehicle    ||------------------------------------|---------------------------------------------------------------|| accidents;                         | '                                                             ||                                    |                                                              || 45                                 |                                                               || (b) wayside amenities on highways; |                                                               |(c) traffic aid posts on highways; andschemw to be fra­med for the inves­tigation of accident cases and wayside ameni' ties, ete(d) truck parking com plexes along highways(2) every schem e m ade under this section by any state g overnm ent shall be laid, as soon as m ay be after it is made, before the state legisla­tureinspec­tion of vehicle involved in acci­dent136 w hen any accident occurs in  w hich a m otor vehicle is involved, 5 any person authorised in this behalf by  the s tate g overnm ent m ay, on production if so, required of his authority, inspect the vehicle and for th at purpose m ay enter at any reasonable tim e any prem ises w here the vehicle m ay be, and m ay rem ove th e vehicle for exam ination:provided th at the place to w hich th e vehicle is so rem oved shall be 10 intim ated to the ow ner of the vehicle and th e vehicle shall be returned w ithout unnecessary delay137 the c entral govemmfent m ay m ake rules to provide for all or any of the following m atters, nam ely:—(o) th e occasions on w hich signals shall be m ade by drivers of 15 m otor vehicles and such signals under section 121;powers of central govern­ment to make rules(b) the m anner in  w hich the licences and certificates m ay be produced to th e police officer under section 130138 (1) the state g overom ent m ay m ake rules for th e tturpose ©f carrvin? into effect the provisions of this c hapter other than the m atters 20 specified in section 137power of state govern­ment to make rnlea(2) w ithout •nreiu'^ice to th e generality of the foregoing power, such rules m av provide for— 'fa) the rem oval and the safe custody of vehicles includ'ti? th eir loads w hich have broken down or w hich have been left etandin? or 25 have been abandoned on roads;fb) the installation and use of weisfhing devices;and m anagem ent of w ayside(c) th e m aintenance complexes;am enities, (d) the exem ntion from  all or anv of the provisions of this 30 c hapter of f ire b rigade vehicles, ambulances and other snecial el classes or descriptions of vehicle, subject to such conditions as m ay be prescribed;(e) th e m aintenance and m anagem ent of parking places and stands and the fees, if  any, which m ay be charged for th eir use; 35(f) prohibitin£» the driving dow nhill of a m otor vehicle w ith the gear disengaged either generally or in a specified place:(q) prohibiting the taking hold of or m ounting of a m otor vehicle in m otion; i ''(k) prohibiting the use of foot-paths  or pavem ents by m otor 4h vehicles; ' ' '({) generally, the prevention of danger, injury or annoyance to th e public or any person, or of danger or in ju ry  to property or of obstruction to traffic; and(j) any other m atter which is to be or m ay be, prescribed  m otor vehicles teacporabilt leaving or v isiting i ndia139 (i) the c entral g overnm ent m ay, by notiiication in the ofi^ial gazette, m ake rules for all or any of the following purposes, namely:—power ot central govern­ment to make rule^(a) the grant and authentication of travelling passes, certifi­cates or authorisations to persons tem porarily taking motor vehicles out of india to any place outside india or to persons tem porarily pro­ceeding out of india to any place outside india and desiring to drive a m otor vehicle during th eir absence from  india;10(b) prescribing the conditions subject to which m otor vehicles brought tem porarily into india from  outside india by persons intend­ ing to m ake a tem porary stay in india m ay be possessed and used in india; and15(c) prescribing the conditions subject to w hich persons entering india from  any place outside india for a tem porary stay in  india may drive m otor vehicles in  india(2) for the purpose of facilitating and regulating the services of m otor vehicles operating betw een india and any other country tm der any reciprocal arrangem ent and carrying passengers or goods or both by road 2o for hire or rew ard, the c entral g overnm ent m ay, by notification in the ofl&cial gazette, m ake rules w ith respect to all or any of the following m atters, nam ely;—25(a) the conditions subject to w hich m otor vehicles carrying on such services m ay be brought into india from  outside india and possessed and used in india;(b) the conditions subject to w hich m otor vehicles m ay be taken from  any place in india to any place outside india;(c) the conditions subject to w hich persons em ployed as drivers and conductors of such m otor vehicles m ay enter or leave india;30(d) the grant and authentication of travelling passes, certifi­cates or authorisations to persons employed as drivers and con­ductors of such m otor vehicles;35(e> the particulars (other than registration m arks) to be «zhibited by such m otor vehicles and the m anner in w hich such particu­lars are to be exhibited;(/) the use of trailers w ith such m otor vehicles;(g) the exem ption of such m otor vehicles and their drivers and conductors from  all or any of the provisions of this a ct [other than those referred to in sub-section (4)] or the rules m ade thereunder;40(h) the identification of the drivers and m otor vehicles;conductors of such(i) the replacem ent of the travelling passes, certificates or au­thorisations, perm its, licenc«s or any other prescribed documents lost or defaced, on paym ent of such fee ae my be prescribed;(j) the exem ption from  th e provisions of such law s as rd a is  to custom s, police or h ealth  w ith a view  to facilitate such road trans­p o rt services;(k) any other m atter w hich is to be, or m ay be^ prescribed(3) no rule m ade under this section shall operate to confer on any 5 person any immxmity in any state from  th e paym ent of any tax  levied in th a t s tate on m otor vehicles or th eir users(4) n othing in  this a ct or in any rule m ade thereunder by a s tate g overnm ent relating to: —(a) the registration and identification of m otor vehicles, or iq(b) the requirem ents as to construction, m aintenance a&d equipm ent of m otor vehicles, orand cmi-(c) the licensing and the qualifications of drivers ductors of m otor vehicles, shall apply—15(i) to any m otor vehicle' to w hich or to any driver of a m otor vehicle to whom  any rules m ade vmder clause (b) or clause (c) of sub-section (2) or vmder sub-section (2 ) apply; or(ii) to any conductor of a m otor vehicle to whom  any rules m ade under sub-section (2 ) apply 20 chapter x igabujty wrmout fatfit in certain cask140 (1) w here death or perm anent disablem ent of any person has resulted from  an accident arising out of the use of a m otor vehicle or ^, m otor vehicles, the ow ner of the vehicle shall, or, as the case m ay be, 25 the owners of the vehicles shall, jointly and severally, be liable to pay com pensation in  respect of such death or disablem ent in accordanct w ith the provisions of this sectionliability to pay compensa­tion in certain cases on the princ v le  of no fault(2) the amovmt of com pensation w hich shall be payable under sub­section (1) in respect of the death of any person shau be a fixed sum  of 30 tw enty-five thousand rupees and the am oim t of com pensation payable under th at sub-section in respect of the perm anent disablem ent of any person shall be a fixed svim of tw elve thousand rupees(3) in  any claim  for com pensation under sub-section (i), the clai­m ant shau not be required to plead and establish th a t the death or perm anent disablem ent in respect of w hich the claim has been m ade was due to any w rongful act, neglect or default of the ow ner or ow ners of the vehicle or vehicles concerned or of any other person(4) a claim for com pensation under sub-section (1) shall not be de­feated by reason of any w rongful act, neglect or default of the person in ^ respect of whose death or perm anent disablem ent the claim has been m ade nor shall the quantum  of com pensation recoverable in respect of such death or perm anent disablem ent be reduced on the basis of the share of such parson in th a rc ipoiuibility lo r m ch  d m th  or perm anent disable­m ent 141 (1 ) the right to claim  compensation under section 140 in respect of death or perm anent disablem ent of any person shall be in addition to any other right (hereafter in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any 5 other provision of this act or of any other law  for the tim e being in forceprovisions as to other right to claim compen­sation for death or permanent disable­ment(2) a  claim for compensation under section 140 in respect of death or perm anent disablem ent of any person shall be disposed of as expedi­tiously as possible and w here compensation is claimed in respect of such death or perm anent disablem ent under section 140 and also in pursuance 10 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) n otw ithstanding anjrthing contained in sub-section (i), w here in respect of the death or perm anent disablem ent of any person, the person liable to pay compensation under section 140 is also liable to pay compensation in accordance w ith the right on the principle of fault, the person so liable shall pay the first-m entioned compensation and—(a) if the am ount of the first-m entioned compensation is less than the am ount of the second-mentioned compensation, he shall be liable to pay (in addition to the first-m entioned compensation) only20 so m uch of the second-mentioned compensation as is equal to the am ount by w hich it exceeds the first-mentioned compensation;(b) if the am ount of the first-m entioned compensation is equal to or m ore than the am ount of the second-mentioned compensation, he shall not be liable to pay th e second-mentioned compensationperma­nentdiaabl®-ment(142 for th e purposes of this chapter, perm anent disablem ent 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: —(o) perm anent privation of the sight of either eye or the hear- 30 ing of ^ th e r ear, or privation of any m em ber or joint; or(b) destruction or perm anent im pairing of the powers of any m em ber or joint; or ,< (c) perm anent disfiguration of the head or faceapplicabllity of chapter to certain claims under act 8 of 1923143 the provisions of this chapter shall also apply in relation to any 35 claim for compensation in respect of death or permanent disablement of any person im der the w orkmen's compensation act, 1923 resulting from an accident of the n ature referred to in sub-section (1) of section 140 and for this purpose, the said provisions shall, w ith necessary modifica­tions, be deemed to form  p art of that act,over rid­ing effect40 144 the provisions of this chapter shall have rffect notwithstandinganything contained in any other provision of this act or of any other law for the time being in force chapter xii nsurance of m otor vehicles against third party risks45 145 in this chapter,—defini­tions(a) "authorised insurer'' means an insurer for the tim e being carrying on general insurance business in india under the generalm ent insurance fund authorised to do general insurance business under th a t a ct; i(b) "certificate of insurance" m eans a certificate issued by an authorised insurer in pursuance of sub-section (3) of section 147 and ^ includes a cover note com plying w ith such requirem ents as m ay be prescribed, and w here m ore than one certificate has been issued in connection w ith a policy, or w here a copy of a certificate has been issued, all those certificates or th at copy, as the case m ay be;(c) "liability", w herever used in relation to the death of, or bodi- jq ly in ju ry  to any person, includes liability in respect thereof under section 140;(d) "policy of insurance" includes "certificate of insurance"; (c) "property" includes goods carried in the m otor vehicle, roads, bridges, culverts, causeways, trees, posts and mile-stones;(j) "reciprocating country'' m eans any such country as m a y  on the basis o£ reciprocity be notified by the c entral g overnm ent in the official g azette to be a reciprocating country for the purposes of th is c hapter; i(g) "third party '' includes the governm entn ec^ty i 4g (2) nq person shall use, except as a passenger, or cause or allow for insuother person to use, a m otor vehicle in a public place, against unless there is in force in relation to the use of the vehicle third by th at person or th at other person, as the case m ay be, a policy of party insurance com plying w ith the requirem ents of this chapterriskexplanation—a  person driving a m otor vehicle m erely as a paid employee, w hile there is in force in relation to the use of the vehicle no such policy as is required by this sub-«ection, shall not be deemed to act in contravention of the sub-section unless he knows or has rea­son to believe th a t there is no such policy in force 30(2) sub-section (1) shall not apply to any vehicle owned by th e c entral g overnm ent or a state g overnm ent and used for g overnm ent purposes unconnected w ith any commercial enterprise(3) the appropriate g overnm ent may, by order, exem pt from  th t operation of sub-section (3) any vehicle owned by any of the following 35 authorities, nam ely:—(a) the c entral g overnm ent or a state governm ent, if the vehi­cle is used for g overnm ent purposes connected w ith any commer­ cial enterprise;(0) 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 m aintained by 5 authority in  accordance w ith the rules m ade in th at behalf under act for m eeting any liability arising out of the use of any vehicle of th at authority w hich th at authority or any person in its em ploym ent m ay incur to th ird  partiesexplanation—for the purposes of this sub-section, "appropriate jq g overnm ent" m eans the c entral governm ent or a state government, as the case m ay be, and—(i) in relation to any corporation or company owned by the c entral g overnm ent or any state governm ent, m eans the c entral governm ent or th at state governm ent;15(ii) in relation to any corporation or company owned by the central g overnm ent and one or m ore state governm ents, means the c entral governm ent; ,(hi) in relation to any other state transport undertaking or any local authority, m eans th at g overnm ent w hich has control over that undertaking or authority20147 (1) in order to comply w ith the requirem ents of this chapter, a policy of insurance m ust be a policy which—(a) is issued by a person who is an authorised insurer; andrequire­ments of policies and limits of lial)ility( b ) insures the person or classes of persons speciiied in the policy to the extent specified in sub-section (2)—25(i) against any hability w hich m ay be incurred by him in respect of the death of or bodily injury to any person or dam­ age to any property of a third party caused by or arising out of the use of the vehicle in a public place;30, (ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the useof the vehicle in a public place:provided that a policy shall not be required—8 of 1923 35(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 emplojonent other than a liability arising under the w orkmen's compensation act, 1923, in respect of the death of, or bodily injury to, any such employee—40(o) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of th e vehicle or in exam ining tickets on th e vehicle, or(c) if it is a goods carriage, being carried in the vehicle, or(ii) to cover any contractual liabilityexplanation— ^for the rem oval of doubts, it is hereby declared 5 th at the death of or bodily in ju ry  to any person or dam age to any property of a th ird  p arty  shall be deem ed to have been caused by or to have arisen out of, the use of a vehicle in a public place notw ith­ standing th at the person w ho is dead or injured o r the property w hich is dam aged w as not in a public place at the tim e of the accident, if th e 10 act or omission w hich 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 (i), shall cover any liability incurred in res­pect of any accident, upto the following limits, nam ely: —(a) save as provided in clause (b)^ the am ount of liability 15 incurred;(b) in respect of damage to any property of a th ird  party, a lim it of rupees six thousand:provided that any policy of insurance issued w ith any lim ited liability and in force, im m ediately before the com m encem ent of this act, shall 20 continue to be effective for a period of four m onths after such commence­m ent or till the date of expiry of such policy w hichever is earlier(3) a policy shall be of no efifect for the purposes of this c hapter unless and until there is issued by the insurer in favour of the person by w hom  the policy is effected a certificate of insurance in the pres- 25 cribed form  and containing the prescribed particulars of any condi­tion subject to w hich the policy is issued and of any other prescribed m atters; and different forms, particulars and m atters m ay be prescribed in different cases ,(4) w here a cover note issued by the insurer under the provisions 30 of this c hapter or the rules m ade thereunder is not followed by a policy of insurance w ithin the prescribed tim e, the insurer shall, w ithin 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 w hich the cover note relates has been registered or to such other 35 authority as the state g overnm ent m ay prescribe(5) n otw ithstanding anything contained in any law  for the tim e being in force, an insurer issuing a policy of insurance under this section shall be liable to indem nify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover 40 in the case of th at person or those classes of personsvalidity of policies of insu­rance issued in reciproca­tingcountries148 w here, in pursuance of an arrangem ent between india and any reciprocating country, any m otor vehicle registered in the reciprocat­ing country operates on any route or w ithin any area common to the tw o countries and there is in force in relation to the use of the vehicle 5 in  the reciprocating country, a policy of insurance complying w ith the requirem ents of the law  of insurance in force in that country, then, notw ithstanding anything contained in section 147 but subject to any rules w hich m ay be m ade under section 164, such policy of insurance shall be effective throughout the route or area in respect of which, the 10 arrangem ent has been made, as if the policy of insurance had complied w ith the requirem ents of this chapterduly of iiasurers to satisfy judgmentsandawards against persons insured in respect of third party risks149 (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 pohcy has been effected, judgm ent or aw ard in respect of any such liability 15 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 term s of the policy) is obtained against any person insured by the policy, then, notw ithstand­ing th at the insurer m ay be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the 20 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 w ere the judgm ent debtor, in respect of the liability, together w ith any am ount payable in respect of costs and any sum payable in res­pect of interest on that sum by virtue of any enactm ent relating to 25 interest on judgm ents(2) no sum shall be payable by an insurer under sub-section (1) in respect of any judgm ent or aw ard unless, before the commencement of the proceedings in which the judgm ent or aw ard is given the insurer had notice through the court or, as the case m ay be, the claims tribunal 30 of the bringing of the proceedings, or in respect of such judgm ent or aw ard 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, nam ely:—35(a) th at there has been a breach of a specified condition of the policy, being one of the following conditions, nam ely: —(i) a condition excluding the use of the vehicle—(a) for hire or rew ard, w here the vehicle is on the date of the contract of insurance a vehicle not covered by a perm it to ply for hire or reward, or40(b) for organised racing and speed testing, or(c) for a purpose not allowed by the perm it under which the vehicle is used, w here the vehicle is a transport vehicle, or45(d) w ithout side-car being attached where the vehicle is a motor cycle; or(ii) a  condition excluding driving by a nam ed 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 disqualilication; or(iii) a condition d e lu d in g  liability for injury caused or contributed to by conditions of w ar, civil w ar, riot or civil commotion; or(b) th at the policy is void on the ground th a t it was obtained by the non-disclosure of a niaterial fact or by a representation of fact w hich w as false in some m aterial particular10(3) w here any such judgm ent as is referred to in sub-section (1) is obtained from  a c ourt in a reciprocating country and in the case of a foreign judgm ent is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 conclusive as to any m atter adjudicated ® upon by it, the insurer (being an insurer registered im der the insurance 15 act, 1933 and w hether or not he is registered im der the correspond- 4 of 1938 ing law  of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the m anner and to the extent specified in sub-section (i), as if the judgm ent w ere given by a court in india: 20provided th a t no sum  shall be payable by the insurer in respect of any such judgm ent unless, before the com m encem ent of the pro­ceedings in  w hich the judgm ent is given, the insurer had notice through the c ourt concerned of the bringing of the proceedings and the insurer to w hom  notice is so given is entitled under the corresponding 25 law  of the reciprocating country, to be m ade a party to the proceedings and to defend the action on groim ds sim ilar to those specified in sub­section (2) ,(4) w here a certificate of insurance has been issued under sub­section (3) of section 147 to the person by whom  a policy has been 30 effected, so m uch of the policy as purports to restrict the insurance of the persons insured thereby by beference to any conditions other than those in clause (b) of sub-section (2) shall, as respects such liabilities as are required to be covered by a policy tm der clause (b) of sub-sec­tion (i) of section 147, be of no effect: 35provided th at any sum  paid by the insurer in or tow ards 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  th at person(5) if the am ount w hich an insurer becomes liable under this 40 section to pay in respect of a liability incurred by a person insured by a policy exceeds the am ount for w hich the insurer would apart from the provisions of this section be liable under the policy in respect of th at liability, the insurer shall be entitled to recover the excess from  th at person , 45(5) in this section the expressions "m aterial fact" and "m aterial particular" m eans, respectively a fact or particular of such a n ature as to influence the judgm ent of a prudent insurer in determ ining whether he will take the risk and, if so, at what proniiim and on what conditions, and the expression "liability covered by the term s of the policy" m eans a liability w hich is covered by the policy or which would be so covered b u t for the fact th at the insurer is entitled to avoid or 5 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 judgm ent or aw ard as is referred to in sub-section (1) or in such judgm ent as is referred to in 10 sub-section (3) otherw ise than in the m anner provided for in sub-section (2 ) or in the corresponding law  of the reciprocating country, as the case m ay be , explanation—for the purposes of this section, "claims tribunal" m eans a claims tribunal constituted under section 165 and "aw ard" 15 m eans an aw ard m ade by th at tribunal under section 168150 (1) w here under any contract of insurance effected in accord­ance w ith the provisions of this chapter, a person is insured against liabilities which he m ay incur to third parties, then—(a) in the event of the person becoming insolvent or m aking a20 composition or arrangem ent w ith his creditors, orrightii of third par­ ties agai­nst insu­rers on inso^vraoy of the insuredi (b) w here the insured person is a company, in the event of a w inding up order being m ade or a resolution for a voluntary w ind­ing up being passed w ith respect to the company or of a receiver or m anager of the company's business or undertaking being duly 25 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 30 in respect of the liability shall, notw ithstanding anything to the con­trary  in any provision of law, be transferred to and vest in the third p arty to whom  the liability was so incurred(2) w here an order for the adm inistration of the estate of a deceas­ed debtor is made according to the law of insolvency, then, if any debt 35 provable in insolvency is owing by the deceased in respect of a liability to a third p arty against w hich he was insured under a contract of insurance in accordance w ith the provisions of this chapter, the de­ceased debtor's rights against the insurer in respect of that liability shall, notw ithstanding anything to the contrary in any provision of law, 40 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 insiired per­son of any of the events specified in clause (a) or clause (b) of sub- 45 section (i) or upon the m aking of an order for the adm inistration of the estate of a deceased debtor according to the law  of insolvency shall be of no effect, i(4) upon a transfer under sub-section (i) or sub-section (2), the insurer shall be under the sam e liability to th e th ird  p arty  as he w ould 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 th e th ird  party, nothing in  this 5 c hapter shall affect the rights of th e insured person against th e in­surer in respect of th e excess, and(b) if the liability of the insurer to the insured person is less than the liability of the insured person to th e th ird  party, nothing in this c hapter shall affect the rights of the third p arty  against th e 10 insured person in respect of th e balance, duty to give in­formation as to insurance151 (1) no person against whom  a claim  is m ade in respect of any liability referred to in clause (b) of sub-section (i) of section 147 shall on dem and by or on behalf of the person m aking the claim  refuse to state w hether or not he w as insured in respect of th at liability by any 15 policy issued under the provisions of this chapter, or w ould have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if h e was or w ould have been so insured, to  give such particulars w ith respect to th at policy as w ere specified in the certificate of insurance issued in respect thereof 20(2) in the event of any person becoming insolvent or m aking a com­position or arrangem ent w ith his creditors or in the event of an order being m ade for the adm inistration of the estate of a deceased person according to th e law  of insolvency, or in the event of a w inding up order being m ade or a resolution for a voluntary w inding up  being 25 nassed w ith respect to any com pany or of a receiver or m anager of the com nanv's business or bem<? duly appointed or of possession beinsj taken bv or nn behalf of the holders of anv debentures secured by ^ floating charrfe on anv nroperty comprised in or subiect to the oharse it shall be the dntv of the insolvent debtor, personal representa- 30 tive of the deceased debtor nr company, as the case m ay be or the s<;sifrnee or receiver ip insolvencv trustee, liquidator, receiver or manacrer or person ''n po«:''eps'on of the nropertv to ffive at twe request of anv person i^ln'miriff tha+ th" ''rtsolvent debtor, deceased debtor or comp?inv i<! ir dor such liahih'tv to  him  as is covered bv the provisions of 35 +his chat''^ cnch in^'ormatinn reasonahiv bei reaiiired bv him for thp nnm ose of ascer+a'n'nff w hether anv riehts have been transfer­red to and vgs+?'^ in hitn h'^ s'^ctinp 150, and for the purpose of enforcing such rights, if anv: an'i an--' '■nch contract of insurance as purports whieth er dirpctiv or indire^tlv to ^vo'd the contract o r to alter the rifjhts of +he narties therptind''r nr^o'n the p'vinf? of snch inform ation in the events afor!?sqifl ot- nther'jnsp +o orohibh or prevent the giving thereof in the 'aid ev^n+s shall bp of no effect i(3'> tf from the irtforraation ffiven to anv person in pursuance of sul)- section or otherwise, he has reasonable ground for supporting th at 45 there havo or m av have heen transferred to him under this c hapter ■nfrhts ■'pv particnlpr insurer, th at insurer shall he subject to the sam e diitv as is imposed hv the said sub-section on the persons therein m entioned i(4) the duty to give the infonnation imposed by this section shall include a duty to allow  au contracts of insurance, receipts for premiums, and other relevant docum ents in the possession or power of the person on whom  the duty is so imposed to be inspected and copies thereof to 5 be taken,152 (1) no settlem ent m ade by an insurer in respect of any haim w hich m ight be m ade by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (i) of section 147 shgll be valid unless such third p arty is a party to the settlem entsettlement between insurers and insu­red per­sons10 (2) w here a person who is insured im der a policy issued for the purposes of this c hapter has become insolvent, or w here, if such insured person is a company, a w inding up order has been m ade or a resolution for a voluntary w inding up has been, passed w ith respect to the com­pany, no agreem ent m ade betw een the insurer and the insured person 15 afcer the liability has been incurred to a third party and after the com­m encem ent of the insolvency or winding up, as the case m ay be, nor any w aiver, assignm ent or other disposition m ade by or paym ent m ade to th e insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this chapter, but 20 those rights shall be the same as if no such agreem ent, waiver, assign­m ent or disposition or paym ent has been made153 (i) for the purposes of sections 150, 151 and 152 a reference to "liabilities to th ird  parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that 25 person in the capacity of insurer under some other policy of insurancesaving in respect of sections 150,151 and 152(2) the provisions of sections 150, 151 and 152 shall not apply w here a company is w ound up voluntarily m erely for the purposes of recon­struction or of an amalgamation w ith another company,154 w here a certificate of insurance has been issued to the person 30 by whom  a policy has been effected, the happening in relation to any person insured by the policy of any such event as is m entioned in sub­section (1) or sub-section (2) of section 150 shall, notwithstan(kng 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 35 conferred under the provisions of sections 150, 151 and 152 on the person to whom the liability was incurredin­solvency of insured persons not to affect lia­bility of insured or claims by third partieseffect of death on certain causes of action155 n otw ithstanding anything contained in section 306 of the indian39 of 1925 succession act, 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 40 w hich 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 insurereffect of certificate of insu­rance156- w hen an insurer has issued a certificate of insurance in respect of a contract of insurance betw een the insurer and the insured person, 45 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 betw een him self and any other person except the insured, be deem ed to have issued to the insured person a policy of insurance conform ing in all respects w ith the description and particulars stated in such certificate; and10(b) if the insurer has issued to the insured the policy described in the certificate, but the actual term s of the policy are less favourable to persons claim ing 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 betw een the insurer and any other person except the insured, be deemed to be in term s conform ing in all respects w ith the parti­culars stated in the said certificatetransfer of certi­ficate of insurance157 (i) w here a person in whose favour the certificate of insurance has been issued in accordance w ith the provisions of this c hapter tran s­ fers to another person th e ow nership of the m otor vehicle in respect of w hich such insurance was taken together w ith the policy of insurance relating thereto, the certificate of insurance and the policy described in th e certificate shall be deem ed to have been transferred in favour of the person to whom  the m otor vehicle is transferred w ith effect from the date of its transfer 20(2) the transferee shall apply w ithin 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 policj^ described in the certificate in his favour and the insurer shall m ake the necessary changes in the certificate and the policy of 25 insurance in regard to ijie transfer of insurance158 (i) a ny person driving a m otor vehicle in any public place shall, on being so required by a police officer in uniform  authorised in this behalf by th e state g overnm ent, produce—| (a) the certificate of insurance;    | 30   ||--------------------------------------|------|| pro­                                  |      || duction                              | at   || certain                              |      || certi­                                |      || ficates,                             |      || licence ajd                          |      || p«init in                            |      || certain                              |      || cases                               |      |(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 perm itrelating to the use of the vehicle 35(2) if, w here owing to the presence of a m otor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not a t the tim e produce the certificates, driving licence and perm it referred to in sub-section(i) to a police oflscer, he shall produce the said certificates, licence 40 and perm it at the police station at w hich he m akes the report required by section 134(3) no person shall be liable to conviction under sub-section (i) or sub-seftion (2 ) by reason only of the failure to produce the certificate of insurance if, w ithin seven days from  the date on w hich its production 4s was required under sub-section (i), or as the case m ay be, from  the date of occurrence of th e accident, he produces the certificate at such police station as m ay have been specified by him  to the police officer w ho required its production or, as the case m ay be, to the police officer at the site of the accident or to the officer in charge of the police station 50 at which he reported th e accident;provided th at except to such extent and w ith such modifications as m ay be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle(4) '^rhe ow ner of a motor vehicle shall give such inform ation as he 5 may be required by or on behalf of a police officer empowered in this behalf by the state g overnm ent to give for the purpose of determining w hether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under +his section to produce his certificate of insurance10 (5) in this section, the expression ''produce his certificate of insur­an c e ' m eans produce for exam ination the relevant certificate of insur­ ance or such other evidence as m ay be prescribed that the vehicle was not bcidg driven in contravention of section 146(6) as soon as any inform ation regarding any accident involving 15 death or bodily injury to any person is recorded or a report under this section is completed by a police officer, the officer in charge of the police station shall forw ard a copy of the same also to the claims tribunal having jurisdiction and a copy thereof to the concerned insurer159 a state g overnm ent m ay m ake rules requiring the owner of any 20 m otor vehicle w hen applying w hether by paym ent of a tax or otherw ise for authority to use the vehicle in a public place to produce such evidence as m ay be prescribed by those rules to the efifect th a t either— ' |produc­tion of certifi­cate of insurance on applica­tion for authority to use vehicle(a) on the date w hen the authority to use the veh id e comes25 into operation there w ill be in force the necessary policy of insurancein relation to the use of the vehicle by the applicant or by otherpersons on his order or w ith his permission, or(b) the vehicle is a vehicle to which section 146 does not applyduty to furnish particulars of vehicle involved in accident160 a  registering authority or the officer in charge of a police station 30 shall, if so required by a person who alleges th at he is entitled to claim compensation in respect of an accident arising out of the use of a m otor vehicle, or if so required by an insurer against whom a claim has been m ade in respect of any m otor vehicle, furnish to th at person or to th a t insurer, as the case m ay be, on paym ent of the prescribed fee any inform ation at the disposal of the said authority or the said police officer rela­ting to the identification m arks and other particulars of the vehicle and th e  nam e and address of the person who was using the vehicle a t th e tim e of the accident or was injured by it and the property, if any, damaged in such form and w ithin such tim e as the central government 4q m ay prescribe161 (1) for the purposes of this section, section 162 and section 163—(a) ''grievous hurt" shall have the same meaning as in th e  45 of i860 indian penal code;fb) "hit and run m otor accident" means an accident arising out 45 of the use of a m otor vehicle or m otor vehicles the identity whereofcannot be ascertained in spite of reasonable efforts for the purpose;special provisions as to compensation in case of hitrun motor accident(c) ''schem e'' means the scheme fram ed under section 163(2 ) n otw ithstanding anything contained in  th e g eneral insurance business (n ationalisation) a ct, 1972 or any other law  for th e tim e being 57 of in force or any instrum ent having the force of law , th e g eneral insurance c orporation of india form ed under section 9 of th e said a ct and th e in­surance com panies for th e tim e being carrying on general insurance 5 business in india shall provide for paying in accordance w ith  the pro­visions of this a ct and the scheme, com pensation in respect of the death of, or grievous h u rt to, persons resulting from  hit and run m otor acci­dents(3) subject to th e provisions of this a ct and the scheme, there shall lo be paid as com pensation,(a) in respect of the death of any person resulting from  a hit and ru n  m otor accident, a fixed sum of eight thousand and five hundred rupees;(b) in  respect of grievous h u rt to any person resulting from  a 15 h it and ru n  m otor accident, a fixed sum  of two thousand rupees(4) t he provisions of sub-section (i) of section 166 shall apply for the purpose of m aking applications for com pensation under this section as they apply for the purpose of m aking applications for com pensation referred to in th a t sub-section 20refund in certain cases o! compensa­tion paid under section 161162 (1) the paym ent of com pensation in respect of the death of, or grievous h u rt to, any person under section 161 shall be subject to  the condition th at if any com pensation (hereafter in this sub-section referred to as th e other com pensation) or other am ount in  lieu of or by w ay of satisfaction of a claim  for com pensation is aw arded or paid in  respect of 25 such death or grievous h u rt under any other provision of this act or any other law  or otherw ise so m uch of th e other com pensation or other am ount aforesaid as is equal to th e com pensation paid under section 161 shall be refunded to the insurer(2) before aw arding com pensation in respect of an acddw it involving 30 the death of, or bodily in ju ry  to, any person arising out of the use of a m otor vehicle or m otor vehicles under any provision of this act (other than section 161) or any other law, the" tribunal, court or other authority aw arding such com pensation shall verify as to w hether in res­pect of such death or bodily in ju ry  com pensation has already been paid 35 under section 161 or an application for paym ent of com pensation is pen­ ding under that section, and such tribunal, court or other authority shall,—(a) if com pensation has already been paid under section 161 direct th e person liable to pay the com pensation aw arded by it to refund to the insurer, so much thereof as is required to be refunded 40 in accordance w ith the provisions of sub-section (i);(b) if an application for paym ent of com pensation is pending under section 161 forw ard the particulars as to the com pensation aw arded by it to the insurerexplanation—^for the purposes of this sub-section an application for 45 compensation under s^ tio n  161 shall l>e deemed to be pending—(i) if such application has been rejected, till the date of the rejw tio n  of the application, and(ii) in any other case, till the date of paym ent of compensatioin in pursuance of th e applicationscbeme for paym«nt of compensation in case of hit andrunmotoraccidents163 (i) the c entral g overnm ent may, by notification in the official gazette, m ake a scheme specifying, the m anner in w hich the scheme shall 5 be adm inistered by the g eneral insurance corporation, the form, m anner and the tim e w ithin w hich applications for compensation m ay be made, the officers or authorities to whom  such applications m ay be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other m atters connected 10 w ith, or incidental, to the adm inistration of the scheme and the paym ent of compensation(2) a scheme m ade under sub-section (j) m ay provide that—15(a) a contravention of any provision thereof shall be punishable w ith im prisonm ent for such term  as m ay be specified but in no case exceeding three months, or w ith fine which m ay extend to such am ount as m ay be specified b u t in no case exceeding five hundred rupees or w ith both;20(b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme m ay be delegated w ith the prior approval in w riting of the c entral governm ent, by such officer or authority to any other officer or authority;4 of 193925(c) any provision of such scheme m ay operate w ith retrospec­tive effect from  a date not earlier than the date of establishm ent of the solatium  fund under the m otor vehicles act, 1939, as it stood im m ediately before the commencement of uiis act:provided th at no such retrospective effect shall be given so as to prejudicially affect the interests of any person who m ay be gover­ned by such provision164 (1) the central governm ent may make rules for the purpose 30 of carrying into effw t the provisions of this chapter, other than the m atters specified in section 159ment       tomakerules    (2)               w ithout prejudice to the generality of the foregoing power, such rules m ay provide for—(a) the forms to be used for the purposes of this chapter;35 (b) the m aking of applications for and the issue of certificatesof insurance; i(c) the issue of duplicates to replace certificates of insurance lost, destroyed or m utilated;(d) the custody, production, cancellation and surrender of certi- 40 ficates of insurance;(e) the records to be m aintained by insurers of policies of insurance issued under this chapter;(f) the identification by certificates or otherw ise of persons or vehicles exem pted from  the provisions of this c hapter;(g) the furnishing of inform ation respecting policies of insur­ance by insurers;(,h) adopting the provisions of this c hapter to vehicles b r o u ^ t 5 into india by persons m aking only a tem porary stay therein or t vehicles registered in  a reciprocating country and operating on any route or w ithin any area in india by applying those provisions w ith prescribed modifications;(i) the form  in w hich and the tim e lim it w ithin which the particulars referred to in section 160 m ay be furnished; and(j) any other m atter w hich is to be, or m ay be, prescribed chapter x n ciaims tribunai^maiing 165, (1) a state government may, notification in tte official 15tribunals gazette, constitute one or more motor accidents claims tribunals(hlereafter in this c hapter referred to as claims 'trib u n al) for such area as m ay be specified in the notification for the purpose of adjudicating upon claims for com pensation in respect of accidents involving the death of, or bodily in ju ry  to, persons arising out of th e use of m otor vehicles, 20 or dam ages to any property of a th ird  p arty  so arising, or bothexplanation—^for the rem oval of doubts, it is hereby declared th a t the expression "claims for compensation in respect of accidents involving tile death of or bodily in ju ry  to persons arising out of tiie use of m otor vehicles" includes claim s for com pensation under section 140 25(2) a  claim s t ribunal shall consist of such num ber of m em bers as th e state g overnm ent m ay think fit to appoint and w here it consists of tw o or m ore m em bers, one of them  shall be appointed as th e c hairm an thereof(3) a person shall not be qualified for appointm ent as a m em ber of a claims tribunal unless he—(a) is or has been, a judge of a high court, or(b) is, or hag been, a d istrict judge, or(c) is qualified for appointm ent as a judge of a high court(4) w here two or m ore claims tribunals are constituted for any area, 35 the state g overnm ent, m ay bv general or special order, regulate the dis­ tribution of business am ong them 166 (1 ) an application for compensation arising out of an accident of th e n atu re specified in  sub-section (i) of section 165 m ay be m ade—appiicih tion for compen­sation(a) by the person who has sustained th e injury; or(b) by the owner of the property; or(c) w here death has resulted from the accident, by ail 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 b^alf of or for the benefit of all the legal rqire-10 sentatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application(2) every application under sub-section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars15 as m ay be prescribed:provided that where any claim for compensation under section 140 is made in such application, the application shall contain a separate statem ent to that effect im m ediately before the signature of the applicant(3) no application for such compensation shall be entertained imless20 it is m ade w ithin six m onths of the occurrence of the accident:provided that the claims tribtmal may entertain the application after the expiry of the said period of six months but not later than twdve months, if it is satisfied that the applicant was prevented by sufieidenl cause from  m aking the application in time25 (4) w here a police officer has filed a copy of the report regardingan accident to a claims tribunal under this act, the claims tribunal m ay, if it thinks necessary so to do treat the report as if it were an application for compensation under this actoption re gardtng claima for compensa­tionin certain cases167 n otw ithstanding anything contained in the w orkmen's com- 8 <rf 1923 30 pensation act, 1923, w here the death of, or bodily injury, to any person gives rise to a claim for compensation under this act and also under the w orkmen's compensation act, 1923, the person entitled to compen­ sation may w ithout prejudice to the provisions of chapter x  claim such compensation under either of those acts but not im der both35 168 (i) on receipt of an application for compensation made undersection 166, the claims t ribunal 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 m ay be, each of the claims and, subject to the provisions of 40 section 162 m ay make an aw ard determ ining the am ount of compen­sation which appears to it to be just and specifying the person or per­sons to whom compensation shall be paid, and in m aking the award the claims tribunal shall specify the am ount which shall be paid by the insurer or ow ner or driver of the vehicle involved in the accident 4 5  or by all or any of them, as the case m ay be:provided th a t ^\he^e such application m akes a claim  for compen­sation under section 140 in respect of the death or perm anent disable­m ent of any person, such claim  and any other claim  (w hether m ade in such application or otherw ise) for com pensation in respect of such death or perm anent disablem ent shall be disposed of in accordance 5 w ith the provisions of c hapter x(2) the claims t ribunal shall arrange to deliver copies of the aw ard to the parties concerned expeditiously and in any case w ithin a period of fifteen days from  the date of th 6 aw ard(3) w hen an aw ard is m ade under this section, the person who is iq required to pay any am ount in term s of such aw ard shall, w ithin th irty  days of the date of announcing the aw ard by the claims tribunal, deposit the entire am ount aw arded in such m anner as the claims t ribunal m ay direct169 (1) in holding any inquiry under section 168, the claims tri- 15 bunal m ay, subject to any rules th a t m ay be m ade in  this behalf, follow such sum m ary procedure as it thinks fitprocedureandpowers of claims tribunals(2) the claims t ribunal shall have all the powers of a civil c ourt for the purpose of taking evidence on oath and of enforcing the atten­dance of w itnesses and of com pelling the discovery and production of docum ents and m aterial objects and for such other purposes as m ay be prescribed; and the claims tribunal shall be deem ed to be a civil c ourt for all the purposes of section 195 and c hapter xxv i of the code of c rim inal procedure, 1973 2 of?974(3) subject to any rules th at m ay be m ade in this behalf, the claims 25 t ribunal may" for the purpose of adjudicating upon any claim for com­pensation, choose one or m ore persons possessing special knowledge of any m atter relevant to the inquiry to assist it in holding the inquiry170 w here in the course of any inquiry, the claims tribunal is sat­isfied th at— 30inapleading insurer in certain cases(a) there is collusion betw een th e person m aking the claim and the person against whom the claim  is made, or(b) the person against whom  the claim  is m ade has failed to contest the claim, it may, for reasons to be recorded in w riting, direct th at the insurer w ho m ay be liable in respect of such daim , shall be im plead­ed as a party to the proceeding and the insurer so im pleaded shall thereupon have, w ithout prejudice to the provisions contained in sub­ section (2 ) of section 149, the right to contest the claim on all or any of the grounds th at are available to the person against whom the claim has 40 been madeaward of interest where aify claim is allowed171 w here any claims tribunal allows a claim for compensation m ade under this act, such t ribunal m ay direct th at in addition to the am ount of compensation sim ple interest shall also be paid at such rate and from  such date not earlier than th e date of m aking the ^5 claim  as it m ay specify in this behalf172 (j) a ny claims tribunal adjudicating upon any piaim for compensation under this act, m ay in any case w here it is satisfied for reasons to be recorded by it in w riting that—award of compensa­tory costi in certain cases(o) the policy of insurance is void on the ground that it was 5 obtained by representation of fact which was false in any m aterial particular, or forw ard a false or vexatious(b) any party or insurer has put claim  or defencesuch t ribunal m ay make an order for the paym ent, by the party iq who is guilty of m is-representation or by whom such claim or defence has been put forw ard of special costs by way of compensation to the insurer or, as the case m ay be, to the party against whom  such or defence has been p u t forward(2) no claims tribunal shall pass an order for special costs under 15 sub-section (1) for any am ount exceeding one thousand rupees(3) no person or insurer against whom an order has been m ade under tthis section shall, by reason thereof be exempted from  any crim inal lia­bility in respect of such m is-representation, claim or defence as is refer­red to in sub-section (1)20 (4) a ny amoimt aw arded by way of compensation under this sec­tion in respect of any m is-representation, claim  or defence, shall b% taken into account in any subsequent suit for damages for compensa­tion in respect of such m is-representation, claim or defenceappeals173 (1) subject to the provisions of sub-section (2), any person ag- 25 grieved by an aw ard of a claims tribunal may, w ithin ninety days from the date of the aw ard, prefer an appeal to the high court:provided that no appeal by the person who is required to pay any am oim t in term s of such aw ard shall be entertained by the high court unless he has deposited w ith it tw enty five thousand rupees or fifty per 30 cent of the am ount so awarded, whichever is less, in the m anner directed by the high courtprovided further th at the high court m ay 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 ap- 35 peal in  time(2> no appeal shall lie against any aw ard of a claims tribunal^ if the am ount in dispute in the appeal is less than ten thousand rupeesrecovery of money from insurer at arrear of land174 w here any am ount is due from any person under an award, the claims tribunal may, on an application made to it by the person entitled40 to the amount, issue a certificate for the am ount to the collector and the collector shall proceed to recover the same in the same m anner as an arrear of land revenuerevenue175 w here any claims tribunal has been constituted for any area, no civil court shall have jurisdiction to entertain any quesition relating bar on jurisdl^ tion of civil courts,45 to any claim for compensation which may be adjudicated upon by the claims tribunal for that area, and no injunction in respect of any ac­tion taken or to be taken by or before the claims tribunal in respect of the claim  for compensation shall be granted by the civil court,176 a  s tate g overnm ent m ay m ake rules for th e purpose of carry­ing into effect the provisions of sections 165 to 174, and in particular, such rules m ay provide for all or any of the following m atters, nam ely: —power o! state gov­ernment to make rules(a) the form  of application for claim s for com pensation and the particulars it m ay contain, and the fees, if any, to be paid in respect 5 of such applications; k(b) the procedure to be followed by a claims t ribunal in hold­ing an inquiry under this c hapter;(c) the pow ers vested in a civil c ourt w hich m ay be exercised by a claims tribunal: 10(d) th e form  and the m ann«r in w hich and the fees (if any) mi paym ent of w hich an appeal m ay be preferred against an  aw ard of a claims t ribunal; and(e) any other m atter w hich is to be, or m ay be prescribed chapter x iii o ffe n c e s , p e n a ltie s  a n d  p ro c e d u regeneral provision for177 whoever contravenes any provision of this act or of any rule, regulation or notification m ade thereunder shall, if no penalty is pro­vided for the offence be punishable for the first offence w ith fine w hich m ay extend to one hundred rupees, and for any second or su-bsequpnt 20 offence w ith fine w hich m ay extend to thre|e hundred rupeesp u n is h m e n t of offenoai178 (1 ) w hoever travels in  a stage carriage w ithout having a proper pass or ticket w ith him  or being in or having alighted from  a stage carriage fails or refuses to present for exam ination or to deliver up his pass or ticket im m ediately on a requisition being m ade therefor, 25 shall be punishable w ith fine which m ay extend to five hundred nipeeiexplanation— in this section, "pass" and ''ticket" have the respectively assigned to them  in section 124(2) if the conductor of a stage carriage, or the driver of a stage carriage perform ing the functions of a conductor in such stage carriage, 30 w hose duty is—penalty for travelling without pass or ticket and for derelic­tion of duty on tlie part of conduc­tor and refusal to ply contract carriage etc(a) to supply a ticket to a person traveling in a stage carri­age on paym ent of fare by such person, either w ilfully or n e ^ igently,—(i) fails or refuses to accept the fare w hen tendered, or 35(ii) fails or refuses to supply a ticket, or(iii) supplies an invalid ticket, or( it)  supplies a ticket of a lesser value, or(b) to check any pass or ticket, either w ilfully or negligently fails or refuses to do so, 40he shall be punishable w ith fine which m ay extend rupeesto five hundred(3) if the holder of a perm it or the driver of a contract carriage refuses, in contravention of the provisions of this act or rules made thereunder, to ply the contract carriage or to carry the peissengers, he ih a ll— ,5 (a) in the case of two-wheeled or three-w heeled motor vehi­cles, be punishable w ith fine which may extend to fifty rupees; and(b) in any other case, be punishable w ith fine which may extend to tw o hundred rupeesdisobe­diences of ordort obs traction and refusal of ioformatiob179 (i) w hoever w ilfully disobeys any direction law fully given 10 by any person or authority empowered under this act to give siich direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered xinder thi® act to discharge, shall, if no other penalty is provided for the offence be punishable w ith fine which may extend to five hundred 15 rupees(2) w hoever, being required by or under this act to supply any inform ation, w ilfully w ithholds such inform ation or gives inform ation w hich he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable w ith impri- 20 sonm ent for a term  which m ay extend to one m onth, or w ith fine which m ay extend to five hundred rupees, or w ith bothallowing nnaothori-9ad persona to drive vehicles180 w hoever, being the ow ner or person in charge of a m otor vehicle, causes, or permits, any other person who does not satisfy the pro­visions of section 3 or section 4, to drive the vehicle shall be punishable w ith im prisonm ent for a term  which m ay extend to three months, or w ith fine which m ay extend to one thousand rupees, or with both181 w hoever drives a m otor vehicle in contravention of section 3 or section 4 shall be punishable w ith im prisonm ent for a term  which 30 m ay extend to three m onths, or w ith fine which m ay extend to five hundred rupees, or w ith bothdrivibg vehides in contraven­tion of section 3 or sectiob 4offences relmting to licencesi8p ^182 (1) 'wlioever, being disqualified under this act for holding or ebtaining a driving licence drives a m otor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, 35 not being entitled to have a driving licence issued to him  free of en­dorsem ent, applies for or obtains a driving licence w ithout disdodng the endorsem ent made on a driving licence previously held by him  shrill be punishable w ith im prisonm ent for a term  which m ay ex­tend to three m onths, or w ith fine which m ay extend to five hundred 40 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 45 not being entitled to have a conductor's licence issued to him  tre« of endorsem ent, apolies for or obtains a conductor's licence without dis­closing the endorsem ents made on a conductor's licence previously held by him, shall be punishable w ith im prisonm ent for a term which m ay extend to one m onth, or w ith fine w hich m ay extend to one h u n d red  rupees, or w ith both, and any conductor's licence so obtained by him  shall be of no effectdriving at cxce-«iv»speed183 (1) w hoever drives a m otor vehicle in contravention of th e speed lim its referred to in section 112 shall be punishable w ith fine w hich 5 m ay extend to four hundred rupees, or, if having been previously con­victed of an oitence under this sub-section is again convicted of an offence under this sub-section, w ith fine w hich m ay extend to one thousand rupees(2) w hoever causes any person w ho is em ployed by him  or la suk- 10 ject to his control in  driving to drive a m otor vehicle in contraventlpa of the speed lim its referred to in section 112 shall be punishable w ith fine w hich m ay 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, w ith fine w hich m ay extend to five 15 hundred rupees(3) no person shall be convicted of an offence punishable under sub-section (1)' solely on the evidence of one w itness to the effect th a t in the opinion of the w itness such person was driving at a speed w hldi was tm law ful, unless th a t opinion is shown to be based on an estim ate 20 obtained by the use of some m echanical device '(4) the publication of a tim e table under which, or the giving of any direction that, any joum ey or p art of a journey is to be completed w ithin a specified tim e shall, if in the-x>pinion of th e c ourt it is not practicable in  th e circim istances of the case for th at journey or p art of a jouniiey to 25 be com pleted in the specified tim e w ithout contravening the speed lim its referred to in section 112 be prima facie evidence th at the person who pubished the tim e table or gave the direction has com m itted an offence punishable under sub-section (2)driving dan­gerously184 w hoever drives a m otor vehicle at a speed or in a m a n n tt 30 w hich is dangerous to the public, having regard to au the circum­stances of the case including the nature, condition and use of th e place w here the vehicle is driven and the am ount of traffic w hich actually is at the tim e or w hich m ight reasonably be expected to be in the place, shall be punishable for the first offence w ith im prisonm ent - for 35 a  term  w hich m ay extend to six m onths, or w ith fine w hich m ay extend to one thousand rupees and for any second or subsequent offence if com m itted w ithin three years of the commission of a previous sim ilar offence w ith im prisonm ent for a term  w hich m ay extend to two years, o r w ith fine w hich m ay extend to two thousand rupee?, or w ith both 40185 w hoever, while driving, or attem pting to drive, a m otor v d ilclje,— - '--vr(0) has, in his blood, alcohol in any quantity, how soever sm all the quantity m ay be, or 'driving by a drunken person or by a pnson tinder the influence of drugs(b) is under the influence of a drug to such an extent as to be 45incapable of exercising proper control over the vehicle,(^ shall be punishable for the first offence wit>i im prisonm ent for a term  'w h ic h  m ay extend to six m onths, or w ith fine which m av extend to two thousand rupees, or w ith both; and for a second or subsequent offence, if com m itted w ithin three years of the commission of f te  previous sim ilar offence, w ith im prisonm ent for a term  which m ay extend to tw o years, or w ith fine which m ay extend to three thoussnd 5 rupees, or w ith bothexplanation—  for the purposes of this section, the drug or drugs specified by the c entral governm ent in this b e h a ll by notification in the official gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle%driving when men­tally or physically unfit to drive10 186 w hoever drives a m otor vehicle in any public place w h ^  heis to his knowledge suffering from  any disease or disability calculated to cause his driving of the vehicle to be a source of danger to th e public, shau be punishable for the first offence w ith fine which m ay extend to two hundred rupees and for a second or subsequent offence 15 with fine which m ay extend to five hundred rupees,187 w hoever fails to comply with the provisions of clause (c) of sub' section (1) of section 132 or of section 133 or section 134 shall be punish­able w ith im prisonm ent for a term  which m ay extend to three months, or w ith fine w hich m ay extend to five hundred rupees, or w ith bothpunish­ment for offences relating to acci­dent20 or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, w ith imprison­ m ent for a tem?, w hich m ay extend to six months, or with fine which m ay extend to one thousand rupees, or w ith both188 w hoever abets the commission of an offence xmder section 184, punish-25 185 or section 186 shall be punishable w ith the punishm ent provided fo r the offenceabetment of certain offenceshacingandtrials of speed189 w hoever w ithout the w ritten consent of the state governm ent perm its or takes part in a race or trial of speed of any kind between m otor vehicles in any public place shall be punishable with imprison- 30 m ent for a term  which m ay extend to one month, or w ith a fine which m ay extend to five hundred rupees, or w ith bothusing vehicle in unsafe condi­tion190 (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 <ito- 35 covered by the iexercise 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 w ith fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, 40 w ith im prisonm ent for a term  which may extend to three months, or w ith fine which m ay extend to one thousand rupees, or w ith both(2) any x>erson who drives or causes or allows to be driven, in any public place a m otor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be 45 punishable for the first offence w ith a fi^e of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees(3) a ny pjerson who drives or causes or allows to be driven, in any public place a m otor vehicle w hich violates the provisions of this a ct or the rules m ade thereunder relating to the carriage of goods w hich arte of dangerous or hazardous n atu re to hum an life, shall be ptuiishable for the first offence w hich m ay extend to th ree thousand rupees, or w ith 5 im prisonm ent for a term  w hich m ay extend to one year, or w ith both, and for any second or subsequent ofeence w ith fine w hich m ay extend to five thousand rupees, or w ith im prisonm ent for a term  w hich m ay extend to three years, or w ith both191 w hoever being an im porter of or dealer in m otor vtehides, 10 sells or delivers or offers to sell or deliver a m otor vehicle o r tra ile r in  such condition th a t th e use thereof in  a public place w ould b e in  con­travention of c hapter v ii or any rule m ade thereunder or alters th e m otor vehicle or tra ile r so as to render its condition such th a t its u se in a public place w ould be in contravention of c hapter v ii o r any ru le  15 m ade thereunder shall be punishable w ith fine w hich m ay «ctend to five hundred ru p e e s: " , sale of vohiclt in or altera­tion of vchicle to condi­tion con­traven­ing this actprovided th at no person shall be convicted im der fliia section if he proves th a t he had reasonable cause to believe th a t th e v e h id e  w ould not be used in a public place im til it had been p u t into a condition in 20 w hich it m ight law fully b e so usedusing vehicle without registra­tion or permit192 (3) w hoever drives a m otor veh id e or causes o r allows a m otor vehicle to be used in  contravention of th e provisions of section39 or w ithout the perm it required by sub-section (1) of section 66 or in contravention of any condition of such perm it relating to th e route on 25 w hich or the area in which or the purpose for which th e vehicle m ay be used or to the m axim um  num ber of passengers and m axim um  w eight of luggage th a t m ay be carried on the vehicle, shall be pim ishable for thje first offence w ith fine w hich m ay extend to tw o thousand rupees and for any second or subsequent offence w ith im prisonm ent w hich m ay 30 extend to six m onths or w ith fine w hich m ay extend to th ree thousand rupees, or w ith both ■(2) n othing in this section shall apply to the use of a m otor vdiicle in an em ergency for the conveyance of persons suffering from  sidm ew  or in ju ry  or for thfe transport of m aterials for repair or for the transport 35 of food or m aterials to relieve distress or of m edical supplies for a like purpose; 'provided that th e person using th e vehicle reports such use to  th e regional t ransport a uthority w ithin seven days from  such use(3) w here a person is convicted of an offence under this section 40 the court by w hich such person is convicted m ay, in addition to any sentence w hich m ay be passed under sub-section (i) by order;—(o) if th e vehicle used in  the commission of the offence is a m otor car, suspend its certificate of registration for a period not exceeding four m onths; (b) if the vehicle used in the commission of the offence is h transport vehicle, suspend its perm it for a period not exceeding ilx m onths or cancel it(4) the c ourt to w hich an appeal lies from  any conviction in res- 5 pect of an offence of the nature specified in sub-section (1) m ay set aside or vary any order of suspension or cancellation m ade under sub­section (3) by the court below and the court, to which appeals ordi­narily lie from  the court below, may set aside or vary any such order of suspension or cancellation made by the court below, notw ithstanding 10 th a t no appeal lies against the conviction in connection w ith w hich sua  order was made193 w hoever engages him self as an agent or canvasser in contra­vention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine which m ay extend to 15 one thousand rupees and for any second or subsequent offence w ith im prisonm ent which m ay extend to six months, or w ith fine which may extend to two thousand rupees, or with bothpunish­ment of agents and can­vassers without proper autho­ritydriving vehicle exceed­ ing per­ missible weight194 (i) w hoever drives a m otor vehicle or causes or allows a m otor vehicle to be driven in contravention of the provisions of section 20113 or of the conditions prescribed under th a t section or in contraven­tion of any prohibition or restriction imposed under section 113 or section 115 shall be punishable for the first offenc^ w ith fine which m ay extend to two thousand rupees, and for any second or subsequent offence w ith fine which m ay extend to five thousand rupees25 (2) a ny driver of a vehicle who refuses to stop and subm it hiivehicle to weighing after being directed to do so by an ofiicer authorised in this behalf im der section 114 or rbmoves or causes the removal of the load or p art of it prior to weighing shall be punishable w ith fine which m ay extend to three thousand rupees30 195 (1) w hoever having been convicted of an offence vinder thisact or the rules made thereunder commits a sim ilar offence on a second or subsequent occasion w ithin three years of the commission of thie 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 thie m aximum amount of impoiiclrcumftanoeik35 the fine imposable for such offence(2) n othing in sub-section (1) shall be construed as restricting tfo  pow er of the court from  aw arding such im prisonm ent as it considen necessary in  the circumstances of the case not exceeding the maximum specified in this act in respect of th at offence196 w hoever drives a m otor vehicle or causes or allows a  motor driving^  vehicle to be driven in contravention of the provisions of section 146•hall be punishable w ith imprisonment which m ay extend to t h »  ve cemonths, or w ith fine which m ay extend to one thousand rupees, or withboth  ■'takingvehidewithoutautho­ rity197 (i) w hoever takes and drives aw ay any m otor v d iid e  witbout having e ith er th e consent of th e ow ner thereof or other law ful authtnrlty; shall be ptinishable w ith im prisonm ent w hich m ay extend to threem onths, or w ith fine w hich m ay extend to five hundred rupees, or w ith both: 5provided th a t no person shall be convicted under this section if th e c ourt is satisfied th a t such ifcrson acted in the reasonable belief th a t he had law ful authority or in the reasonable belief th a t thie ow ner would in the circum stances of the case have given his consent if he had ween asked therefor 10(2 ) w hoever, unlaw fully by fotce or th reat of force or by any other form  of intim idation, seizes or (exercises control of a m otor vehicle, shall be punishable w ith im prisonm ent w hich m ay extend to three m onths, or w ith fine w hich m ay extend to five hundred rupees, or w ith both 15(5) w hoever attem pts to com m it any of the acts referred to in  sub­section (1) or sub-section (2) in relation to any m otor vehicle, or abets th e commission of any such act, shall also be deemed to have com m itted an offence under sub-section (i) or, as the case m ay be, sub-section (2) 20198 w hoever otherw ise th an  w ith law ful authority or reasonable excuse enters or m ounts any stationary m otor vehicle or tam pers w ith th e brake or any p art of the m echanism  of a m otor vehicle shall be punishable w ith fine w hich m ay extend to one him dred rupeesunauthotisedinteplerencevnthvehicleoffences w  w here an offence imdier this a ct has been com m itted by a 25by camcompany, every person who, at the tim e the offence w as com m itted, was paalet, in  charge of, and w as responsible to, th e com pany for the conduct of the business of the company, as w ell as the company, shall be deemed to be guilty of th e contravention and shall be liable to be proceeded against and punished accordingly; 30provided th at nothing in this sub-section shall render any such person liable to any punishm ent provided in this act, if h e proves tiiat th e offence w as com m itted w ithout his know ledge or th a t h e ex erd sed  all due diligence to prevent the commission of such offence(2) n otw ithstanding anything contained in sub-section (1), wbere 35 an offence under this act has been com m itted by a company, and it if proved th a t the offence was com m itted w ith the consent or connivance of, or is attributable to any neglect on the, p art of any director, m anager, secretary or other officer of the company, such director, m anager, secre­ta ry  or other ofi&cer shall also be deem ed to be guilty of th a t o£f^ioe 4o and shall be liable to be proceeded against and punished accordin^yexplanations—for the purposes of this section—(c) "com pany" means any body corporate and includes a  firm or other association of individuals; and(b) "director", in  relation to a firm, m eans a partner in the firm,composition of certain offences5 200 (1) a ny offence w hether committed before or after the com­m encem ent of this act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (i) or sub^ section (2) of section 183, section 184, section 186, section 189, section191, section 192, section 194, section 196 or section 198 m ay eithjer before 10 or after the institution of the prosecution, be compounded by such officers or authorities and for such am ount as the stalie governm ent may, by notification in the official gazette, specify in this behalf(2) w here an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceed- 15 ings shall be taken against him in respect of such offence201 (i) w hoever keeps a disabled vehicle on any public place, in such a m anner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to iifty rupees per hour, so long as it remains in that position:penaltyforcausing obstruc­tion to free flow of traffic20 provided th at the vehicle involved in accidents shall be liable for penalty only from  the tim e of completion of inspection formalities under the law '  '(2) the penalties under this section shall be recoverable by the prescribed officers or authorities25 202 (1) a police officer in uniform m ay arrest without w arrant anyperson who in his presence commits an offence punishable under section 184 or section 185 or section 197:power to arrest without warrantpro\nded that any person so arrested in connection w ith an offence punishable under action 185 shall, w ithin two hours of his arrest, be 30 subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitionler failing which he shall be released from  custody(2) a police officer in uniform  may arrest w ithout w arrant: —(a) any person who bein^ required under the provisions of this35 act to give his nam e and address refuses to do so, or gives a nam eor address which the police officer has reason to believe to be falseor(b) any person concerned in an offence under this act or reason­ably suspected to have been so concerned, if the police officer has^  reason to believe that he will abscond or otherwise avoid the senace of a summons(3) a police officer arresting w ithout w arrant 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 tem porary disposal of45 vehicle^  police officer in uniform may require any person driving^ or attem pting to drive a m otor vehicle in a public place to provide oneor m ore specim ens of b reath  for breath test there or nearby, if the police officer has any reasonable cause to suspect him  of having com­m itted an offence punishable under section 185; '»provided th a t no requirem ent for breath test shall be made unless it is m ade as soon as reasonably practicable after the com m ission of such offence(2) if a m otor vehicle is involved in an accident in a public place and a police officer in uniform  has any reasonable cause to suspect th at -^as dtvvwvg tivoiot ve\vic\e a t tlae tim e oi ttve acddent, had alcohol in his blood or th a t he was driving under the influence of a drug referred to in a ction 185 he m ay require th e person so driving the m otor vehicle, to provide a specim en of his breath for a breath te st:—(a) in  th e case of a person w ho is at a hospital as an indoor patient, at th e hospital,(b) in the case of any other person, either at or near the place w here the requirem ent is m ade, or if th e police officer thinks fit, at a police station specified by the police officer:provided th a t a person shall not be required to provide such a speci- 20 m en while at a hospital as an indoor patient if the re ^ ste re d  medical practitioner in im m ediate charge of his case is not first notified of th e proposal to m ake th e requirem ent or objects to the provision of a speci­ m en on the ground th at its provision or the requirem ent to provide it w ould be prejudicial to the proper care or treatm ent of the patient 25(?) if it appears to a police officer in uniform , in consequence of a breath test carried out by him  on any person under sub-section (1) or sub-section (2'), th at the device by m eans of w hich the test has been carried out indicates the presence of alcohol in the person's blood, th e police officer m av arrest that person w ithout w arran t except w hile th a t 30 person is at a hospital as an indoor patient(4) if a nerson reauired by a police officer under sub-section (1) or pub-seotion (2) to provide a specimen of breath for a breath test tpfti<;pc; or fqils to do so and the nolice officer has reasonable cause to 35 sn';r)eo1- him  of having alcohol in his blood, the police officer m ay arrest him  w ithout w arran t except w hile he is at a hospital as an indoor patient(5) a person arrested under this section shall w hile at a police station, be given an opportunity to provide a specimen of breath for a breath test there (6) t he results of a breath test m ade in pursuance of th e provisions of this section shall be admissible in evidenceexplanation—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 m ore specimens of breath provided by th a t person, by m eans of a device of a type approved by 5 the c entral g overnm ent, by notification in the official gazette, for the purpose of such a test,204 (i) a  person, w ho has been arrested under section 203 may, labor, w hile at a police station, be required by a police officer to provide to tory such registered m edical practitioner as m ay be produced by such police 10 officer, a specim en of his blood for a laboratory test if,—(a) it appears to the police officer th at the device, by m eans of which breath test w as taken in relation to such person, indicates the presence of alcohol in the blood of such person, o r(b) such person, w hen given the opportunity to submit to a 15 breath test, has refused, om itted or failed to do so:provided that w here the person required to provide such specimen is -a fem ale and the registered medical practitioner produced by such police officer is a m ale m edical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not20 (2) a person whilje at a hospital as an indoor patient may be requiredby 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 th at the device by means of which test is carried out in relation to the breath of such person25 indicates the presence of alcohol in the blood of such person, or(b) if the person having been required, w hether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, om itted or failed to do so and a police officer has reasonable cause to suspect him  of having alcohol in his blood:30 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 miedical practitioner in im m ediate charge of his case is not first notified of the proposal to m ake the requirem ent or objects to the pro­ vision of such specimen on the ground that its provision or the require- 35 m ent to provide it would be prejudicial to the proper care or treatm ent of the patient(3) the results of a laboratory test made in pursuance of this section shall be admissible in evidenceexplanation—^for the purposes of this section, "laboratory test" means 40 the analysis of a specimen of blood made at a laboratory established, m aintained or recognised by the central governm ent or a state gov­ernm ent205 in any proceeding for an offence punishable under section 185 if presumpit is proved th at the accused, when requested by a police officer at any tion of 43 tim e so to do, had refused, om itted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory? test, his refusal, omission or failure mtey, unltfsi reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the probecution, or rebutting any evidence given on behalf of the defence, w ith  respect to his condition at th a t timepower of police officer to impound document206 (i) a ny police officer ox other person authorised in  this behalf by th e state g overnm ent m ay, if he has reason to believe th a t any identi- 5 fication m ark carried on a m otor vehicle or any licence, perm it, certificate of registration, certificate of insurance or other docum ent produced to him  by th e driver or person in charge of a m otor vehicle is a false docum ent w ithin the m eaning of section 464 of the indian p enal code, seize th e 45 of 18m m arb ox docum ent and call upon the driver or ow ner of the vehicle to 10 aocoimt for his possession of or the presence in the vehicle of such m ark or docum ent(2) a ny police officer or other person authorised in this behalf by the state g overnm ent m ay, if he has reason to believe th a t the driver of a m otor vehicle w ho is charged w ith any offence under this act m ay abscond 15 or otherw ise avoid the service of a summons, seize any licence held by such driver and forw ard it to the court taking cognizance of the offence and the said c ourt shall on the first appearance of such driver before it, return the licence to him  in exchange for the tem porary acknow ledgm ent given under sub-section (3) 20(3) a police officer or other person seizing a licence under sub-section(2) give to th e person surrendering th e licence a tem porary acknow­ledgm ent therefor and such acknow ledgm ent shall authorise th e holder to drive un til the licence has been retu rn ed  to him  or until such date as m ay be specified by the police officer or other person in the acknowledg- 25 m ent, w hichever is earlier:provided th a t if any m agistrate, police officer or other person autbraiaed by the state g overnm ent in this behalf is, on an application m ade to him , satisfied th at the licence cannot be, ox has not been returned to the holder thereof before the date specified in the acknow ledgm ent for any 30 reason for w hich the holder is not responsible, the m agistrate, police officer or other person, as the case m ay be, m ay extend th e period of authorization to drive to such date as m ay be specified in the acknow­ledgm entpower to detain vehicles used w itho b t certifi­cate d  registi'atica permit, etc207 (1) a ny police officer or other person authorised in this behalf 35 by the state g overnm ent may, if he has rjeason to believe th at a m otor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or w ithout the perm it required by sub-section (i) of section 66 ox in contravention of any condition of such perm it relating to the route on w hich or th e area in w hich or the purpose 4q for w hich the vehiclef m ay be used, seize and detain the vehicle, in th e prescribed m anner and for this purpose take or cause to be taken any steps he m ay consider proper for the tem porary safe custody of the vehicle:provided th at w here any such officer or pjerson has reason to believe ^5 th at a m otor vehicle has been or is being used in contravention of section3 or section 4 or w ithout th e perm it required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of riegistratio n  of th e vehicle and shall issue an acknow ledgm ent in respect thereof: (2 ) w here a m otor vehicle has been seized and detained under sub­section (1), the ow ner or person in charge of the motor vehicle m ay apply to the transport authority or any officer authorised in this behalf by the state governmenu together w ith the relevant documents for the release 5 of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer m ay deem fit to impose208 (i) the court taking cognizance of any offence (other than an summafy offence w hich the c entral gov(ernment m ay by rules specify in this disposal10 behalf) under this act,— ol case,(i) m ay if the offence is an offence punishable w ith im prison­m ent under this act; and(ii) shall, in any othjer case, state upon the summons to be served on the accused person that he—15 (a) m ay 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 rem it to the court, by m oney order, such sum (not excjeeding the m axim um  fine th at m ay be imposed for the offence) as the court may specify, and 20 the plea of guilt indicated in the monjey order coupon itself;provided th a t the court shall, in the case of any of the offences referred to in sub-alection (2 ), state upon the summons th at the accused person, if he pleads guilty, shall so plead in the m anner specified in clause (b) and shall forw ard his driving licence to the c ourt w ith his 25 letter containing such plea i(2 ) w here the offence dealt w ith in accordance w ith sub-section (1) is an offence specified by the c entral governm ent by rules for the pur­poses of this sub-section, the court shall, if the accused person pleads guilty to the charge and forw ard his driving licence to the coxirt w ith30 the lettjer containing his plea, m ake an endorsem ent of such conviction on his driving licence(3) w here an accused person pleads guilty and rem its the sum specified and has complied w ith the provisions of sub-section (1), or as the case m ay be, sub-sections (i) and (2), no further proceedings in35 respect of the offence shall be taken against him  nor shall he be liable, notw ithstanding anything to the contrary contained in this act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty209 no person prosecuted for an offence punishable under section 183 restric- ^  or section 184 shall be convicted unless—w  convic-(o) he was w arned at the tim e the offence was committed th at tion the question of prosecuting him  would be taken into consideration, or(b) w ithin fourtejen days from  the commission of the offence, a 45 notice specifying the nature of the offence and the tim e and place w here 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 tim e of the commission of the offence, or(c) w ithin tw enty-eight days of th e -commission of th e offenci^j a sum m ons for th e offence w as served on him :pjrovided th a t nothing, in this section shall apply w here th e c ourt is ■atisfied th at—(a) the failure to serve th e notice or sum m ons referred to in  this sub-section was due to the fact th at neither the nam e and address of th e accused no r th e nam e and address of th e regiatered owner of th e vehicle could w ith reasonable diligence have been ascertained in tim e, or(b) such failure was brought about by accusedthe conduct of the 10210 e very c ourt by w hich any person holding a driving licence is convicted of an offence under this a ct or of an offence in the commission of w hich a m otor vehiclje w as used, shall send intim ation to—courts to send inti­mation about convic­tion(a) the licensing authority w hich issued the driving license, and 15(b) the licensing renew ed, authority by whom  th e licence was last and every such intim ation shall state the nam e and address of the holder of the licence, the licence num ber, th e date of issue and renew al of th e same, the n ature of the offence, th e punishm ent aw arded for the sam e 20 and such other particulars as m ay be prescribed chapter x iv m is c e lla n e o u spower to levy fee211 a ny rule w hich the c entral g overnm ent or the state govern­m ent is em pow ered to m ake u n d er this a ct m ay, notw ithstanding tiib absence of any express provision to th a t effect, provide for th e levy of such fees in  respect of applications, am endm ent of docum ents, issue of certificates, licences, perm its, tests, endorsem ents, badges, plates, countersignatures, authorisation, supply of statistics or copies of docum ents or orders and for any other purpose or m atter involving th e rendering of 30 any ser\'ice by th e ofbcers or authorities under this a ct or any ru le m ade thereunder as m ay be considered necessary:provided that the g overnm ent m ay, if it considers necessary so to  do, in the public interest, by general or special order, exem pt any class of persons from  the paym ent of any such fee either in p art o r in  full 35212 (i) the power to malfe rules under this act is subject the condition of the rules being m ade after previous publicationpublica­tion,commencemeot(2) a ll rules made under this a ct shall be published in the official gazette, and shall unless some later datfe is appointed, comet into force on the date of such publication 4dlaying of rules, and noti> flcation(3) every rule m ade by any s tate g overnm ent shall be laid, a t sooa as m ay be after it is m ade before the statie l egiilature(4) every ru le m ade by the central g overnm ent under this act, every scheme made by the c entral g overnm ent under sub-section (1) of section 75 and sub-section (1) of section 16s and every notification issued by the c entral g overnm ent under sub-section (4) of section 41, sub-section (i) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, and sub-section (4) of section 213 shall be laid, as soon as m ay be after it is made, before each house of parlia­ m ent w hile it is in session for a total period of thirty days which m ay be comprised in one session or in two or m ore successive sessions, and if,10 before the expiry of the session im m ediately following the session or the successive sessions aforesaid, both houses agree in m aking any modifica­tion in the rule, scheme or notification or both houses agree that the rule or scheme should not be m ade or the notification should not be issued, the rule, scheme or notification shall thereafter have effect only in such modified form  or be of no effect, as the case may be, so, however, that any such modification or annulm ent shall be w ithout prejudice to the^ validity of anything previously done under th at rule, scheme or notifi­cationappoint-213 (i) the state g overnm ent may, for the purposie of carrying ment of 20 into elfect the provisions of this act, establish a m otor vehicles d epartm ent and a p ^ in t as officers thereof such persons as it thinks fit officw(2) every such officer shall be deemed to be a public servant with- 45 ot 1860 in the m eaning of the indian penal code(3) the state g overnm ent m ay make ruleg to regulate the discharge 25 by officers of the m otor vehicles d epartm ent of th eir functions and in particular and w ithout preiudice to the generality of the foregoing power to prescribe the uniform  to be w orn by them , the authorities to whicli they shall be subordinate, the duties to be perform ed by them, the pow ers (including the powers exercisable by police officers under this 30 a rt) to be exercised by them , and the conditions governing the exercise of such powers(4) the c entral grovemment may having regard to the objects of the act by notification in the official gazette, prescribe the minim um  qualifications w hich the said officers or any class thereof shall possess35 for being appointed as such(5) in addition to the powers th at m ay be conferred on anv officer of the m otor vehicles d epartm ent under sub-section (5), such officer as m ay be em powered by the state g overnm ent in this behalf shall alsc have the pow er to,— ,40 (a) m ake such exam ination and inauirv as he thinks fit in orderto ascertain w hether the provisions of this act and the rules made thereunder are being observed;(b) w ith such assistance, if anv as he thinks fit enter, inspe and search any prem ises which is in the occupation of a nerson who he has reason to believe, hag committed an offence under this act or in which a m otor vehicle in respect of which such offence has been committed is kept:providjsd that,—fi)' anv such search w ithout a w arrant shall be made only ,50 hy an officer of the rank of a gazetted officer; of(ii) w here the offence is punishable w ith fine only the search shall not be m ade after sunset and before sunrise; i(hi) w here th e search is m ade w ithout a  w arrant, the gazet­ted  officer concerned shall record in  w riting th e  grounds £or not obtaining a w arran t and rep o rt to his im m ediate superior th at such search has been m ade;(c) exam ine any person and require the production of any reg ister or other docum ent m aintained in pursuance of th is act, and take on th e spot or otherw ise statem ents of any person which h e m ay consider necessary for carrying out the purposes of this a ct; 10(d) seize o r tak e copies of any registers or docum ents o r por­tions thereof as h e m ay consider relevant in respect of an offence under this a ct w hich he has reason to believe has been com m itted;(e) launch prosecutions in  respect of any offence under this act and to take a bond for ensuring the attendance of th e offender ^5 before any court;(f) exercise such other pow ers as m ay be prescribed:provided th a t no person shall be compelled under this sub-section to answ er any question or m ake any statem ent tending to incrim inate him self -20(6) the provisions of the code of crim inal procedure, 1973 shall, 2 of so fa r as m ay be apply to anv search or seizure imder this section as they apply to any search or seizure under the authority of any w arran t issued under section 94 of th a t codeeffect of appeal and revision on orders passed by original authority214 (i) w here an aopeal has been preferned or an apolication for revision has been m ade against any order passed by an original autho­ rity  under this act the appeal or the application for revision diall not operate as a stay of the order passed bv th e original authority and such order shall rem ain in force pending the diijposal of the appeal or th e application for revision, as the case m av be, unless the prescribed appel- 30 late authoritv or revisional authority otherw ise directs;(2) n otw ithstanding anything contained in sub-section (i), if an application m ade by  a person for the renew al of perm it has been reject­ed bv the original authoritv and such person has preferred an appeal or m ade an application for revision under this act against such reiection, 35 the ap-nellate authoritv or as the case m av be, the revisional authority m av bv  order direct th at the perm it shall, notw ithstandintr the expira­tion of thip term  specified therein, continue to be valid until the appeal or application for revision is disposed of40(5) no order m ade by a com petent authoritv under this act shall be reversed or altered on anneal or revifnon on account of anv error, omission or ir r e ^ la r itv  in the proceeding;, unless it apnears to the pre­scribed annf'^llate authorh v n r revisional authoritv the case m av be that such error, omission or irregularity has, in fact, occasioned a failure of iustice road safety councils and com­mittees216 (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 govem- 5 ment may determine(2) a state csovemment 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 sudi terms and conditions as that government may determine10 (^) a state government may, by notification in the official gazette,constitute d istrict road safety committee for each district in the state consisting of a chairm an and such other m em bers as th at government considers necessary and on such term s and conditions as th at governm ent may determine,15 (4) the councils and committees referred to in this section shalldischarge such functions relating to the road safety programmes as the c entral govemm(ent or th e state government, as th e case m ay be, may, having regard to the objects of the act, specifypower to remove difficul­ties216 (1) if any difficulty arises in giving effect to the provisions of 20 this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent w ith the provisions of this a ct as appear to it to be n ec ^ sary  or expedient for rem oving the difficulty: !provided that no sudx order shall be made after the expiry of a 25 polod of three years from the date of commencement of this act(2) every order made imder this section shall, as soon as may be after it is made, be laid before each house of parliament101 1939 217 (1) the motor vehicles act, 1939 and any law  corresponding to repealth at act in force in any state im m ediately before the commencement and 30 of this act in that state (hereafter in this section referrjed to as the savings, repealed enactm ents) ai^^ hereby repealed(2) n otw ithstanding the repeal by sub-section (!) of the repealed enactm ents,—(a) any notification, rule, regulation, order or notice issued, or35 any appointmient or declaration made or exemption granted or anyconfiscation mad© or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken imder the repealed enactm ents and in force im mediately before such com­m encem ent shall, so far as it is not inconsistent w ith the provisions 40 of this act, be deemed to have been issiled, made, granted, done ortaken under the corresponding provision of this act;(b) any certificate of fitness or registration or licence or perm it issued or granted under the repealed enactm ents shall continue to have effect after such commencements under the same conditions and45 for the same period as if this act had not been passed;(c) any docum ent referring to any of the repealed enactm ents or th e provisions therieof, shall be construed as referring to this act or to th e  corresponding provision of this act;(d) the assignm ent of distinguishing m arks by the registering authority and the m anner of display on m otor vehicles in accord- 5 ano|e w ith the provision of the repealed enactm ents shall, after the com m encem ent of this act, continue to rem ain ill force un til a noti­fication un d et sub-section (6) of section 41 of this a ct is issued;(e) any schem e m ade under section 68c of the m otor vehicles act, 1939 or under the corresponding law, if any, in force in any 10 4 of 1939 state and pending im m ediately before thje com m encem ent of this a ct shall be disposed of in accordance w ith th e provisions of section 100 of this act;(/) the perm its issued under sub-section (m ) of section 68f of the m otor v ehicles act, 1939, or under the corresponding provi- 15 4 of 1939 sion, if any, in force in any s tate im m ediately b efo i^ the commence­m ent of tws a ct shall continue to rem ain in force until the approved schem e undpr c hapter v i of this act is published(3) a ny penalty payable under any of the repealed enactm ents m ay be recovered in the m anner provided by or under th is act, but w ithout 20 prejudice to any action already taken for the recovery of such penalty under the repealed enactm ents(4) t he m ention of particular matljers in this section shall not be held to prejudice or affect thie general application of section 6 of the g eneral clauses act, 1897, w ith regard to the effect of repeals 25 loofliw a—mandatory sigm(9) the een^ai design of the post it given for guidance(s) where the speed limit is, or is to^bc, impoaed only on a certain data or daties of motor vehicle, the dast or cfcwrt wiu be specified on the "definition plate where in addition to a general speed limit applioable to other motor vchicles a special speed limit is or is to be im post on vehicles of a certain class or cjataes, tiie fcoeraj speed limit wiu be specified on tlie disc and the spacial spc^dhimit together with the class or classes ofvrhidt to wiiicb it applies, will be specified on the ''definition plate"(4) the paints to b? u-ed on the traffic signs ah)uld be oip^flecting kind|fate->sign no 5 as here let forth may be iinio h by ia«meti«as ini«ibed n|k>« •m aw o^vlm eplm ed w m rit general arfangemest set forth iii sign niw i of thu vm upa tly  «idh>itiim pime m f  be kt cardi the tim i trilieb (mriung is probibited in like aaam r u to whrth ini i lirf «■ tke m aw on plate wm m im (» ikm if pnhibited-on that part at the rtreet er'taa iyin»»o om liie  f  tlw i i f  to wwrti thaj ii l o hi i l u liw the signs o f this part ihall be used in oonjnfictioo with a rrd trianguur plate, the m tr e  of %vfaich shiol be painted white, in the mannnr indicated in ibe general design rrpioduccd below statement of objects and reasonsthe m otor vehicles act, 1939 (4 of 1939), consolidates and amends the law  relating to m otor vehicles this has been am ended several tim es to keep it up to date the need was, however, felt th at this act should, now inter alia, take into account also changes in the road trans­port technology, pattern of passenger and freight movements, develop­m ent of the road netw ork in the country and particularly the improved techniques in the m otor vehicles management2 various com mittees like national tiansport policy committee, n ational police commission, road safety committee, low pow ered two-wheelers committee, as also the law  commission have gone into different aspects of road transport they have recommended updating, simplification and rationalization of this law several m embers of parliam ent have also urged for comprehensive review  of the motor vehicles act, 1939, to make it relevant to the m odern-day requirem ents3 a w orking group was, therefore, constituted in january, 1984 to review  all the provisions of the motor vehicles act, 1939 and to submit draft proposals for a com prehensive legislation to replace the existing act this w orking g roup took into accoxmt the suggestions and recom­m endations earlier made by various bodies and institutions like cientral institute of road transport, automotive research association of india, and other transport organisations including the m anufacturers and the general public besides, obtaining comments of state govern­m ents on ihe recom m endations of the w orking group, these w ere dis­cussed in a specially convened m eeting of transport lifinisters all states and u nion territories some of the m ore im portant modifications so suggested related for taking care of—(a) the fast increasing num ber of both commercial vdiicies and personal vehicles in the country;(b) the need for encouraging adoption of higher technology in autom otive sector;(c) the greater flow of passenger and freight w ith the least im pediments so that islands of isloations are not created leading to regional or local imbalances;(d) concern for road safety standards, and pollution-control m easures, standards for transportation of hazardous and explosive m aterials;(e) simplification of procedure a'ld policy liberalizations for private sctor operations in the road transport field; and(f) need for effective ways of tracking down traffic offenders4 the suprem e court in m k kunhimohammed vs p a ahmedkutty, air 1987 sc page 2158, has made certain suggestions to raise the lim it of compensation payable as a result of motor accidents is respect of death and perm anent disablem ent in the event of theree being no proof of fau lt on th e  p art of the person involved in the accident and also in h it and rim  m otor accidents and o rem ove certain disparitise in the liability of th e in su rer to pay com pensation depending upon tfee class or type of vehicles involved in the accident the above suggestions m ade by the suprem e c ourt have been incorporated in the biu5 the proposed legislation has been prepared in the light of the above background some of the m ore im portant provisions of th e bill provide for the follow ing m atters, nam ely; —(a) rationalization of certain definitions w ith additions of cer­tain new  definitions of new  types of vehicles;(b) stricter procedures relating to grant of driving licences and the period of validity thereof;(c) laying dow n of standards for the com ponents and parts of m otor vehicles;(d) standards for anti-pollution control devices;(e) provision for issuing fitness certificates of vehicles also by the authorised testing stations;(f) enabling provision for updating the system  of registration m arks;(g) liberalised schemes for grant of stage carriage perm its on non-nationalised routes, all-india tourist perm its and also national perm its for goods carriages;(h) adm inistration of the solatium  scheme by the g eneral insurance corporation;(i) provision for enhanced com pensation in  cases of "no fault liability" and in  hit and ru n  m otor accidents;(j) provision for paym ent of com pensation by the insurer to the extent of actual liability to the victim s of m otor accidents irres­pective of the class of vehicles;(k ) m aintenance of s tate registers for driving licences and vehicle registration;(!) constitution of road safety councils6 the bill also seeks to prov'ide for more deterrent punishm ent in the cases of certain offences7 the notes on clauses explain the provisions of the bill8 the bill seeks to achieve the above objectivesthe 9th may 1988 chapter i—p reliminaryclause 2 seeks to define certain words and expressions used in the bill,  chapter ii—^licensing of dniviais dp motor vehiclesclause 3 provides for the need to have a licence to drive a m otor vehicleclause 4 provides th at a person who has completed sixteen years of age may drive a m otor cycle w ithout gear to drive a m otor vehicle other than a transport vehicle, the person m ust have completed eighteen years of age and to drive a transport vehicle a person m ust have completed tw enty years of ageclause 5 prohibits the owner or person in charge of a m otor vehicle from  perm itting any person who does not possess a driving licence or satisfy the age requirem ent to drive the vehicleclause 6 imposes certain restrictions on the holding of driving licencesclause 7 prescribes certain m inim um  driving experience in light m otor vehicle before a person becomes qualified to drive a medium or heavy passenger or m otor vehicle or goods carriages this clause also prohibits the issue of licence to drive a m otor cycle w ithout gear to any person under eighteen years of age w ithout production of a consent letter from  the guardianclause 8 lays down the procedure in m aking an application for the grant of learner's licence a pass in the tests prescribed by the central g overnm ent and the production of a medical certificate are pre-conditions for the issue of the learner's licence this clause p i s o  empowers the c entral governm ent to exem pt any class of persons from the above testsclause 9 sets out the procedurie for the grant of driving licences a pass in the test of competence to drive a m otor vehicle of the type to w hich th e application refers, is a pre-condition for the grant of driving licence this clause also empowers the central g overnm ent to exempt certain class of persons from  the test of competence to drive this clause also imnoses a condition that anolicants for licence to drive a transport vehicle should produce along w ith the apdlication a driving certificate from a recognised driving school or establishment it also provides the circumstances under which a licensing authority m ay refuse to issue a driving licenceclause 10 empowers the central g overnm ent to prescribe the form and contents of licences to driveclause 11 m akes provision for the addition of another class of motor vehicle to anv driving licence on apoticaticn made bv the holder of the licence, and lays down the procedure in m aking the applicationclause 12 confers upon the c entral g overnm ent the pow er to ynflv rule? for the licensing and regulating of driving schools by th e s tate g overnm ent for im parting instructions in driving m otor vehicles the rules m ay provide for the qualifications of the instructors of the driving schools conditions subject to w hich th e licences m ay be issued, the authorities to issue the licence, appellate authorities, etc, the tim e w ithin w hich the existing establishm ents if any should apply for the licence it also em pow ers the c entral g overnm ent to exem pt any person or esta­blishm ent from  the operation of th e provisions of this clauseclause 13 specifies the learner's licences and driving licences shall be effective throughout indiaclause 14 lays dow n th a t a learner's licence shall be valid for six m onths it ajso provides th at in respect of persons w ho has not attained 40 years of age th e issue and renew al of driving licence, to drive non­tran sp o rt vehicle, shall be for 20 years or, until the date on w hich the holder attains 40 years of age, w hichever is earlier and in respect of persons w ho has attained 40 years of age, for every 5 years in  th e case of driving licences to drive transport w h ic le  they w ill be for 3 years the driving licence shall continue to be effective for 30 days a fte r the date of its expiry 'clause 15 provides for the renew al of driving licences a pplication for renew al of driving licence to drive transport vehicle and application from  persons w ho have attained 45 years of age for renew al of driving licence to drive non-transport vehicle shall be accom panied by a m edi­cal certificateclause 16 em pow ers the liciensing authorities to revoke the driving licences if the holder of the driving licence is found m edically unfit to drive on account of any disease or disabilityclause 17 requires th at w hen the licensing authority refuses to issue, renew  or revokes a licence it shall give its reasons in w riting, to th e holder of the licence this also provides for appeal against th e orders of the licensing authorityclause 18 em pow ers the c entral g overnm ent to prescribe the authority for th e issue of driving licences to drive m otor vehicles belonging to the c entral g overnm ent and arc used for g overnm ent purposes relating to th e defence of the countryclouse 19 contains provisions for the disqualification of the holder of th e licence, by th e licensing authorities, for holding or obtaining th e licence for a specified period or for revoking the licence for th e reasons specified in this clause it also m akes provision for appeal against such ordersclaiuse 20 em powers the courts to discmalify the holders of driving licences for a sepcified period on th eir conviction under this actclause 21 provides for autom atic •susoension of the driving licence of the persons w ho has cau«;ed the death of or ftrievoas h u rt to one or m ore persons, for a period of 6 m onths or until the person is discharged or acquitted by the court w hichever is earlierclause 22 em pow ers the covirts convicting the holders oi licences for pertain offences, to suspend or cancel the driving licences it also provides for a fresh test of competence to drive and production of a m edical certificate before the licence is returned to the holderclause 23 sets out the effect of the orders of the courts disqualifying the holder of the licenceclause 24 requires the court or the authorities m aking an order of disquahfication, to m ake entries of such disqualifications in the driving licences j clause 25 enables the licensing authorities to transfer the endorse­m ents of disqualification to any new or duplicate licence issued to the holder of the licence it also provides for the issue of fresh driving licence free of endorsem ents, if during a continuous period of three years from  the last endorsem ent, there has been no fu rth er orders of endorse m entclause 26 provides for the m aintenance of a state register of driv­ing licences by th e states in such form as m ay be prescribed by the c entral g overnm ent it also provides that the state g overnm ents shall furnish a copy of the state register on direction by the central govern­m entclomse 27 seeks to em pow er the central governm ent to make rules on certain m atters w here the a ct so providesclause 28 seeks to empower the s tate grovemmjents to make rules on certain m atters w here the a ct specifically confer the power on the state g ovenm ients chapter iii— licensing of conductors of stage cabriagesclause 2& provides for the need to have a conductor's licence and prohibits persons from  employing as conductor, a person w ho is not licensed as a conductorcunise 30 lays down the procedure for m aking an application for a conductor's licence, the form  of the licence and the feeclause 31 lays down the disqualifications for the grant of conductor's licenceclause 32 empowers the licensing authority to revoke the conductor's if the holder thereof is found medically imfit on account of any disease or disabilityclause 33 requires that when the licensing authority refuses to issue, renew  or revoke a conductor's licence it shall give its reasons to the holder of the licence it also provides for appeal against orders of the licensing authorityclause 34 contains provisions for the disqualification of the holder of the conductor's licence on account of his previous conduct, etcclause 35 em powers th e c ourts to disqualify for a specified period the holders of conductor's licences for conviction under this actclau$^ 36 provides th at certain provisions of c hapter ii, shall apply; to conductor's licence alsoclause 3t saves any licence to act as a conductor of a stage carriage issued prior to the com m encem ent of this actclause 38 confers upon the s tate g overnm ent th e pow er to m ake rules for the purpose of giving effect to th e provisions of this chapter c ha pter iv—r egistration of m otor v eh icles iclause 39 prohibits the driving of a m otor vehicle in any public place or in any other place w ithout registering it under the provisions of th is c hapterclause 40 lays dow n th a t a m otor vehicle should be registered by th e registering authority in  whose jurisdiction the ow ner of the m otor vehicle residse or has place of business w here the m otor vehicle i norm ally keptclouse 41 lays dow n the m anner of effecting registration of m otor vehicles it also lays dow n th a t th e certificate of registration of a m otor vehicle other th an  a transport v|shicle shall be valid for a period of isyears and shall be renew able for a period of 5 yearsclause 42 lays dow n the m anner of effecting registration of m otor vehicles belonging to diplomatic and consular officersclause 43 provides for the tem porary registration of m otor vehicles clause 44 em pow ers the registering authorities to require the person applying for registration of a m otor vehicle or for the renew al of registration of a m otor vehicle to produce the vehicle for inspection to ensure th at th e particulars given in the form  of application are correct and the vehicle complies w ith the requirem ents of this a ctclause 45 em pow ers the registering authorities to refuse to register any m otor vehicle or refuse to renew  the certificate of registration of a m otor vehicle in certain cases and require the registering authorities to record in w riting the reasons for such refusalclause 46 lays dow n th at the certificate of registration of a m otor vehicle shall be effective throughout indiaclause 47 provides th at a m otor vehicle registered in one s tate and kept in another s tate for a period exceeding 12 m onths shall be assigned a new  registration m ark in th a t other state it also law s down the procedure in m aking the application for assignm ent of new  registration m ark and other incidental m attersclause 48 requires th at a no objection certificate shall be produced along w ith an application for assignm ent of new  registration m ark  on tran sfer of ownership it lays dow n the procedvtre to m ake an applica­tion for the purposeclause 49 requires the owner of a motor vehicle, to r ^ r t  w ithin 30 days, the change of his address to the registering authority in whose jurisdiction he has shifted his residence or place of businessclause 50 provides for recording the transfer of ownership of a motor vehicle in tfte certificate of registration by the registering authorities w hen the vehicle changes hands due to the sale, or inheritance or pur­chase in public auction conducted by or on behalf of gfovemmentclause 51 contains special provisions regarding m otor vehicles subject to agreem ents of hire purchase, lease and hypothecationclause 52 provides for m aking alterations in the m otor vehicle and em powers the registering authorities to m ake the necessary alterations in the certificate of registrationclause 53 empowers the registering authorities to suspend the certificate of registration of a m otor vehicle, if the vehicle is used for hire or rew ard w ithout a perm it it also empowers the registering authority to suspend the certificate of registration of a vehicle if the vehicle is m echanically defective or if its use on public place w ill endanger public safety until the defects are rectified and the vehicle is certified to be roadw orthyclause 54 provides for cancellation of registration of a vehicle, if the suspension of registration of such vehicle continues w ithout interrup­tion for a period of not less than six monthsclause 55 provides for the cancellation of the certificate of registra­tion w here the vehicle has been destroyed or has been rendered per­m anently incapable of use or its use will constitute a danger to public safety it also provides that the registering authorities m ay cancel the certificate of registration if the registering authority is satisfied th at engine num ber and chassis num ber noted in the certificate of registration differs from  th at found in the vehicle, or that the registration has been obtained by m isrepresentation or fraudclause 56 requires that every transport vehicle should carry an effective certificate of fitness issued by the prescibed authorities or by any authorised testing stations specified by the state government it also em powers the prescribed authorities to cancel any such certificte if the vehicles fails to comply w ith the requirem ent of this act the certi­ficate of fitness is to be effective throughout indiaclause 57 provides for appeal against certain orders passed by the registering authoritiesclause 58 empowers the central governm ent to specify in relation to each m ake and model of a transport vehicle, the m axim um  safe laden w eight and the m aximum safe axle weight of each such vehicleclause 59 seeks to empower the central governm ent to specify the life of m otor vehicle of any class or type beyond which the vehicle siiiil have to be kept ofe th e roads it also confers updn th e c entrai g overnm ent the pow er to exem pt from  th e provisions of this clause vintage carsclause 60 provides th a t the c entral g overnm ent m ay specify th e authbttties who m ay register certain m otor vehicles belonging to the c e n tra  g overnm entclause 61 lays dow n th a t the registration m arks of trailers shall be exmbitted in such m anner as m ay be prescribedclause 62 em pow ers the s tate g overnm ent to direct th e inspector gteneral of police to furnish to the s tate t ransport a uthority inform a­tion regarding vehicles th a t w ere stolen and also of vehicles th a t have been recoveredclause 63 requires the s tate governmjents to m aintain a s tate re ­gister of all m otor vehicles w ithin the s tate and to supply to the c entral g oveim m ent copies of atich registers and any further additions or am end­m entscuxuse 64 em pow ers the c entral g overnm ent to m ake rules in order to give effect to certain provisions of this c hapterckmse 65 em pow ers the s tate g overnm ents to m ake rules for the purpose of carrying into effect the other provisions of this chapter c hapter v — control o f t ransport vshiciasclause 66 lays down th at no m otor vehicle shall be used as a tran s­port vehicle w ithout a perm it issued by transport authorities to use th e v«(hicle as such in  a public place it also provides for exem ption of certain vehicles from  the operation of the provisions of this clause on certain conditions and for usage for certain specific purposesclottsc authorises the state g overnm ent to issue direction to the t ransport a uthorities regarding the fixing of fares and freight for tran p o rt vehicles, the prohibiion and restriction for the carriage of long distance goods traffic the giving effect to any in ter s tate or in ter country agreem ent in  respect of regulation of m otor transportclause 68 provides for the constitution of state t ransport a uthority flnd regional transport a uthorities consisting of officials and also noiof&cials it also provides th at if the state g overnm ent so desires, the transport authority m ay consist of one m em ber who shau be an official it also provides for delegation of pow ers by the transport authorities to any authorities or persons for convenient despatch of businessclause 69 specifies the transport authorities to •w^om application for perm its to operate transport vehicles on in tra district, inter district, in tra s tate and in ter state routes has to be m adectotxse 70 provides for the form of application for th e grant of stag carriatpj perm itsclause 71 lays down the procedure in considering applications for, and the grant of, stage carriage perm its by the regional transport au­thorities and also the state governm ent to issue directions to the trans­port authorities to lim it the num ber of stage carriage perm its in certain towns and cities w ith a population of not less l^an five lakhsit also pjfovides for the grant of stage carriage perm its w ithout any limits in other areas, but w ithin certain lim its on the holding of such perm its by both individuals and comf>aniesclause 72 provides for the grant, w ith or w ithout conditions of stage carriage perm its and also to refuse such perm itclause 73 provides for the form of application for c<mtract carriage perm itsclause 74 provides for the grant, w ith or w ithout conditions, of con­tract carriage perm its and also to refuse such perm itclause 75 provides for the m aking of a schem e by th e central gov­ernm ent for regulating the renting of m otor cabs to hirers under which scheme the hirers m ay drive the vehicles them selves for their own useclouse 76 deals w ith perm its for private service vdiidas t&c ttie transport of employees by the e m p l^ » s  o & erm se than for hfce or rew ard, the authorities to grant such perm its and the conditions subject to w hich such perm its m ay be grantedclause 77 provides for the form  of application for goods carriage perm itsclause 78 deals w ith the procedure for the grant of goods carriage perm its ■clause 79 provides for the grant of goods carriage permitsclause 80 lays down the procedure in applying for and granting perm its of any kind, variations of perm its atid other incidental m attersclause 81 lays down th at a perm it of any kind shall be valid for 5years it also provides for the renew al of the perm itclause 82 provides for transfer of perm its from c«ie person to an­other and also from  the nam e of the deceased perm it holder to the nm ie of the person succeeding to the possession of the vehicleclause 83 relates to replacem ent of vehicle covered by the perm it by another vehicle of the same nature w ith the permission of the trans­ port authority w hich granted the perm itclause 84 specifies gieneral conditions attaching to all kinds of permitsclause 85 lays down the general form of permitsclause 86 empowers the transport authority which granted the perm it to cancel the perm it or suspend it for a specified period for the breach of the conditions of the perm it or for specific offences specifi^ in ttn'g clause it also confers powers on the transport authority to perm it compounding of offences relating to the permitsclause 87 provides for the grant of tem porary permits to transport vehicles for a lim ited period and for certain specified purposesclause 88 lays down the procedure for validation for use outside th e region in  w hich the perm it is granted, for entering into an agreem ent betw een th e states regarding th e num ber of perm its to be granted or counter signed in each s tate on in ter s tate routes, for the issue of tem ­porary  perm its to be valid in  another state w ithout th e process of coun­tersignature in the other state it also provides th a t national perm its for goods carriages issued in one s tate and perm its for tourist vehicles issued in one s tate shall, w ithout countersignature in other states, be valid throughout india, w ithout any lim it in the num ber of vehicles for w hich such perm its m ay be granted b u t w ith certain lim it on the hold­ ing of such perm its by both individuals and companiesclause 89 contains provisions for constitution by  th e s tate g overn­m ent, the s tate t ransport a ppellate tribunals for hearing of appeals filed by aggrieved persons, against th e orders of the transport authoritiesclause 90 provides for filing of revision before th e s tate t ransport a ppellate tribxmal by the aggrieved persons on m atters w here no appeal is providedclause 91 prohibits the driving of transport vehicles by a person for m ore th a n  certain hours in a day and th e hours of rest the driver should have after certain hours of continuous driving ;clause 92 lays down any contract purporting to negative o r rettricf th e liability in respect of claim  against th ird  p arty  risk, shall be void-clause 93 provides for licensing of agents and canvassers for booking passenger tickets or transporting of goods i t also provides th a t any advertisem ent by this agents or canvassers should contain the licence num ber and the authority w ho issued the licenceclause 94 bars th e jurisdiction of civil c ourt in m atter relating to grant of perm it under this actclause 95 em powers the state g overnm ents to m ake rules regulating stage carriage and contract carriagesclause 96 em pow ers th e s tate g overnm ents to m ake rules for the purpose of carrying into effect the provisions of this chapter c h a pter vi— s pecial pro v isio n s relating to s tate t ransport u ndertakingsclause 97 defines the expression "road transport service"clause 98 lays down th a t the provisions of this c hapter overrides the provision of c hapter v  and other lawsclause 99 deals w ith the preparation of the proposal by the s tate g overnm ent to nationalise road transport services to be operated by s tate transport undertakings and publication of such proposals in the official gazette and new spapers in regional languages inviting objectionsclause 100 lays down th at th e state g overnm ents m ay approve or m odify the proposal after hearing the objections and publish the approv­ed schem e in the gazette and new spapers w ithin one year from  th e date of first publication failing which the proposal to natioiialise be deemed to have lapsedclause 101 to empowers the state transport im dertakings to operate additional services for the conveyance of passengers during fairs and religious gathering and intim ate the transport authoritiesclause 102 provides for modification and cancellation of approved scheiaes and the procedure to be followedclause 103 lays down the procedure in the m atter of giving effect to the approved scheme and grant of perm it to th e state transport under­takings in pursuance of the approved schemeclause 104 provides th at the transport authorities shall not grant any perm it to private operators on notified route or notified area except in accordance w ith the provisions of the scheme it also provides that w here s tate transport undertaking has not come forw ard to operate services on such routes or areas private sector m ay be given tem porary perm it until such tim e state transport undertaking comes forw ard to operate services i clause 105 sets out the principles and m ethods for determ ining com­pensation and paym ent thereof w here a private operator is affected in pursuance of the giving effect to an approved schemeclause 106 unclaim ed in5 specifies the procedure in the disposal of articles found vehicles operated by state transport undertakingsclause 107 enables the state governm ents to m ake rules for the pur­pose of carrying into effect the provisions of this chapterclause 108 makes provisions for the central governm ent to exercise certain powers of the state g overnm ent in relation to inter state route or area, in certain cases c hapter vii—c onstruction, e q u ipm e n t and m a in ten a n c e op m otor v eh ic i^esclause 109 sets out general provisions regarding construction and m aintenance of m otor vehiclesclause 110 empowers the central governm ent to m ake rules regarding equipm ent and inbuilt safety m easures to be provided in m otor vehicles at the m anufacturing point such as safety belt, standards trf components, controlling air and noise pollution, etc, and also regarding exemption to be granted in certain casesclause 111 empowers the state governments to make rules in respect of m atters other than those conferred on the central g overnm ent regu­lating the construction equipm ent and m aintenance of m otor vehicles ctiapter v n  —c ontrol op trafpicclause 112 prohibits the driving of motor vehicles exceeding the m axim um  limit or below the m inim um  limitclause 113 empowers the state governments to impose restrictions on ^he laden weight of vehicles to be driven on public placesclatise 114 seeks to authorise the s tate g overnm ent to em pow er officers to weigh goods carriages and w herever it is found th a t th e vehicle is carrying excess load and to direct th e driver to unload th e excess goods at his risk and not to proceed unless such excess load is unloadedclause 115 em pow ers the state g overnm ents to restrict the driving of any m otor vehicle and also to re stric t the driving any class or descrip­tion of m otor vehicle in a specified area or a specified roadclause ll6  em pow ers the state g overnm ents and any authority authorised by the s ta te govlernment to> place or erect traffic signs on public place for the inform ation of the users it also em pow ers certain officers toi rem ove any sign or advertisem ent w hich is likely to distract the attention of a driverclause 117 provides for determ ining the parking places and halting stations for m otor vehicles for th e purpose of picking up and setting down passengersclause 118 em powers the c entral g overnm ent to m ake driving regulationsclause 119 lays down th a t it is the d uty of every driver of a motor vehicle to drive the m otor vehicle in  conform ity w ith the indication given in m andatory traffic signsclause 120 lays down th at m otor vehicles fitted w ith left hand steering should be equipped w ith m echanical and electrical signalling devices clause 121 relates to signals and signalling devicesclause 122 lays dow n th at no m otor vehicle should be left or abandoned on any public place in a dangerous position or in such a m anner so as to cause inconvenience to other road usersclause 123 prohibits travelling on running board or otherw ise than w ithin the body of the m otor vehicleclause 124 prohibits travelling in buses w ithout pass or ticketclause 125 lay s down th at no driver of a m otor vehicle shall allow any person to be seated in such a position so as to ham per his drivingclause 126 lays down th a t on m otor vehicle shall rem ain stationary in  a n y  public place unless there is a licenced driver in the vehicle or w here the engine has stopped running, proper precautionary m ethods have been taken to ensure th at the vehicle will not move accidentally in the absence of the driverclause 127 em powers police officers to tow  aw ay the m otor vehicle w hich are abandoned or left unattended on any public place and recover the cost of rem oval from  the owners of such vehiclesclause 128 lays down certain safety m easw es for drivers and pillion riders of two wheeled m otor cycles it also em powers the c entral g overnm ent to prescribe other safety m easures in this regardclause 129 empowers the state governm ents to prescribe protective head gear to be w orn by the drivers or piuion riders of motor cy cles other than a person who is a sikh w earing a turban and h  make such exem ption as m ay be thought fitclause 130 requires the driver of a m otor vehicle to produce on dem and by a public officer, the driving licence, registration certificate, fitness certificate, etc i clause 131 enjoins a dutj?^ on drivers approaching unm anned level crossing to ensure safe crossing of the vehicle in the interest of public safety i i clause 132 requires drivers of m otor vehicle to stop the vehicle in certain circum stances such as w hen his vehicle is involved in an ac cid ^ t, etc ■clause 133 requires the owners of m otor vducle to, furnish the nam e and addrjess of th e driver or the conductor of the vehicle, etc, w ho are accused of any offence under this actclause 134 sets out the duties of the driver involved in accident, such as reporting the accident to the police station, rendering medical aid to the injured, etc !clause 135 em powers th e  s tate g overnm ents to fram e one or more schemes for indepth study of m otor vehicle accidents, wayside amenities, traffic aid posts and truck parking complexesclause 136 requires th at a m otor vehicle involved in accident should be produced for inspection before the person authorised by the state g overnm ent and for this pxirpose it empowers the officers to enter into any premises and rem ove the vehicle for inspectionclause 137 em powers the central g ovem m «it to m ake rules to provide for m atters specified thereinclause 138 empowers the state g overnm ent to m ake rules for the purposes of carrying into effect the other provisions of this chapter c h a p a t e r ix — m otor vehiclhs tem pobary leavdtg or visrong imiha,clause 139 authorises the c entral g overnm ent to m ake rules to regulate the m otor vehides operating betw een india and any other country under reciprocal agrleement, etc chapter x—ttahttmr wrraotjt fault in  certain casesclause 140 provides for paym ent of compensation in certain cases on the principle of no faultclause 141 makes provision to claim compensation for death or per­m anent disablem ent in addition to the claim for compensation for no fault liabilityclause 142 specifies injuries which are considered as perm anent dis­ablem ent for the purpose of this chapterclause 143 lays dow n th at the provisions of this c hapter shall also apply in relation to any claims under w orkm en's compensation act, 1923clause 144 provides for overriding effect of this c hapter on any other provisions of this a ct or any other law  for the tim e being in force chapterl xi—i n su ra n ce of m o to r vehicles against third party risksclause 145 defines certain w ords and expressions used in this c hapter ^clause 146 requires the necessity for insurance against third party risksclause 147 lays dow n the requirem ents of the policies and provides for paym ent of com pensation by the insurer to the extent of actual liability to the victim s of m otor accidents irrespective of the class of vehidesclause 148 provides for the validity of policies of insurance issued in  a re c ^ o c a tin g  coihitry in respect of m otor vehicle of the reciprocat­ing country operating on any route common to the two countriesclause 149 lays down th at it is the d uty of the insurers to satisfy judgm ents against persons insured in respect of th ird  party riskclause 150 provides th a t in the event of the insured becom ing in­solvent any liability incurred by the insured person his rights against th e insurer w ill be transferred to and vest in the th ird  party to w hom  the liability w as so incurredclause 151 lays dow n th at it is the duty of th e insured to give in­form ation relating to the insurance on dem and by or on behalf of the person m aking th e claim  for com pensationclause 152 lays dow n th a t any settlem ent m ade by the insurer in respect of any claim  w hich m ay be m ade by the th ird  p arty w ill not be valid unless the thirid p arty  is a party to the settlem entclause 153 lays dow n th a t the liability of the insurer w ill be only in respect of that particular policy and not in respect of any other policy of insuranceclatae 154- p ro v i^ s  th a t th e insolvency of the insured w ill not affect the liability of the insured or affect the claim s of th ird  parties or the rights against th e insurerclause 155 provides th a t in the event of the death of the insured after th e happening of an accident in w hich his m otor vehicle was involved, the right of th ird  parties will not be barred against his estate or the insurerclause 156 provides th at w here the insurer has issued a certificate of insurance, and the policy of insurance has not been issued then the policy issued shall be deem ed to be in term s conform ing in all respects to the particulars m entioned in the certificate of insuranceqause 157 lays down that when the certificate of rerjistration is trans­ferred from one person to another, then the policy of insurance in respect of that vehicle is also deemed to have been transferred to that other person from  the date on which the ownership of the motor vehicle stands transferredclause 158 m akes it compulsory on the part of the driver of the vehicle to produce the certificates of registration, fitness and insurance, and perm it and driving licence w ithout delayclause 159 empowers the state g overnm ent to make rules to require production of certificate of insurance of a motor vehicle at the tim e of paym ent of taxes and in the case of transport vehicle to have a valid certificate of insurance before the vehicle is put on public place after obtaining a permitclause 160 lays down th at it is the duty of the police officer regis­tering accident case and of the registering authority 1o furnish to the person who alleges th at he is entitled to claim compensation all such particulars in such form  and w ithin such tim e as the central govern­m ent m ay prescribeclauite 161 defines certain expressions and provides for the paym ent of compensation in 'hit and ru n ' cases it also lays down the am ount of compensation in respect of the death and also in respect of grievous hurtclause 162 provides th at w hen compensation is aw arded in a case w here com pensation under clause 161 has already been paid, then, so m uch of the compensation paid under clause 161 shall be refunded to the insurerclause 163 empowers the c entral governm ent to make a scheme for paym ent of compensation in hit and run accident cases detailing the procedure for m aking claim, the authorities to whom the claim should be made, etcclause 164 empowers the c entral governm ent to fram e rules to im plem ent the provisions of this chapter other than clause 159 chapter xii—c l a im s t ribttnalsclause 165 empowers the state governm ents to constitute claims tribunals to adjudicate upon claims for compensation arising out nf m otor vehicle accidents, resulting in death or bodily injury to persons or damage to any property of third partiesclause 166 provides for the form  of application for compensation, the person who m ay claim compensation, the tim e w ithin which the applica­ tion should be filed, etc it also provides that if the claims tribunal, thinks so, m ay treat the accident report filed by the police officer as an application for compensation under this actclause 167 lays down that when claim arises under tliis act and under the workmen's compensation act, 1923 the person entitled to claim compensation may claim compensation only under either of these two ^qts and not under both th^ actsclause 168 provides th at th e claim s t ribunal shall deliver the copies of the aw ard to the parties w ithin fifteen days of the aw ard and th a t the person against whom  the aw ard is m ade shall deposit the am ount aw ard­ed w ithin 30 days of the announcem ent of the aw ardclause 169 lays dow n th e procedure to be followed by the claim s t ribunal in settling claim s for com pensation and the pow ers of the claim s tribunalsclause 170 provides for im pleading in su rer in certain claim  proceed­ings ' ' ■clause 171 em pow ers th e claim s t ribunal to order th a t sim ple interest at such rates as it specify shall also be paid along w ith th e aw ard of com pensationclause 172 em pow ers the claims t ribunals to aw ard special com pensatory costs in certain cases w here it is found th at th ere has been m isrepresentation of case or vexatious claim s or defenceclause 173 m akes provision for appeal to h igh c ourt by th e persons aggrieved against th e orders of claims t ribunal and w here th e person aggrieved is th e j)erson w ho has to pay th e com pensation such perlson shall deposit tw en ty  five thousand rupees or 50 per cent, of th e am ount aw arded w hichever is lessclause 174 lays dow n th a t any m oney due from  any person under an aw ard by th e claim s t ribunal m ay be recovered by th e collector in th e sam e m anner as an  a rrea r of land revenueclause 175 bars th e jurisdiction of civil courts w here any claims t ribunal has been constitutedclause 176 em pow ers th e s tate g overnm ents to m ake rules for c a n y in g  into effect provisions of clauses 165 to 174 chapter xin— oirences, p e n a lties a n d procedureclause 177 is a graieral provision for punishm ent of offences under the a c t c la u se 178 provides for penalty for travelling w ithout ticket or pass by a passenger and also for penalty for th e conductor for his dereliction of duty and the operator and driver of a contract carriage perm it for refusing to ply th e contract carriage, etcclause 179 provides fo r penalties for disobedience of orders given by persons authorised to give such instructions and refusal to give infor­m ation and for causing obstruction-clause 180 provides penalty both for th e ow ner and person in charge of th e vehicle for allow ing im authorised persons to drive th e vehicleclause 181 specifies penalty for driving a m otor vehicle w ithout a driving licence, etcclause 182 specifies th e penalty for driving a m otor vehicle or acting as a conductor during disqualification period, etcclause 183 provides th at whoever drives a m otor vehicle at a speed exceeding the m axim um  lim it prescribed or below the minimum lim it prescribed for such vehicle is punishable w ith fineclause 184 provides the penalty for driving dangerouslyclause 185 provides the penalty for driving under the influence of alcohol or drugclause 186 provides for the penalty for driving a m otor vehicle w hen the driver is m entally or physically unfit to driveclause 187 provides for penally w here th e driver fails to give necessary inform ation if dem anded by a police of&cerclause 188 m akes provision for abetm ent of certain offencesclause 189 provides the penalty for offences of racing or trial of speed of any kind-clause 190 provides the penalty for driving a m otor vehicle which is in an unsafe condition it also provides for penalty for driving a m otor vehicle which violates the standards prescribed for safety, control of noise and air pollutionclause 191 lays down th a t whoever sells a vehicle or alter a vehicle in contravention of the provisions of chapter v ii is punishable-clause 192 provides the penalty for using vehicles w ithout registra­tion or perm itclause 193 provides that persons acting as agents and canvassers for booking passenger tickets or transporting of goods w ithout a proper licence are punishable , clause 194 provides the penalty for driving an overloaded vehicleclause 195 provides for imposition of m inimum fine in certain casesclause 196 provides the penalty for driving a motor vehicle w ithout a valid insuranceclause 197 provides the penalty for the offence of taking aw ay a motor vehicle w ithout authority or by force or by other forms of inti­midationclause 198 provides the punishm ent for unauthorisedly entering a stationary vehicle or tam pering w ith the mechanism of a vehicleclause 199 lays down that w here the contravention is committed by a company then the company as w ell as the person who was in charge and was responsible to the company shall be liable for the punishmentclause 200 provides for compounding of certain offencesclause 201 lays down penalty for keeping a disabled vehicles on public place causing im pediment to the free flow of trafficclause 202 empowers the police officers in uniform  to arrest w ithout w arrant persons committing certain serious offences such as drunken driving, taking vehicle w ithout authority, etcclause 203 empowers the police officers to require any person driving a m otor vehicle in a public place to provide for breath test and if it is found th a t there is presence of alcohol in his blood, the police officer m ay arrest him  w ithout w arrantclause 204 lays down th e procedure for laboratory test of blood to be follow ed by police officers in suspected cases of drunken drivingclause 205 lays down th at refusal by a driver to subm it him self w ithout any reasonable cause to breath test w ill am ount to presum ption of the driver's unfitness to driveclause 206 em pow ers police officers to im pound docum ents in certain cases i clause 207 em pow ers a police officer or any authorised person to im pound a m otor vehicle if he has reason to believe th a t th e vehicle is being driven w ithout registration, w ithout a permit^ driven by a person w ho has no driving licence or plying on unauthorised routeclause 208 provides for sunm iary disposal of certain cases and the procedure to be followed in such casesclause 209 places some restrictions on conviction of persons for certain offences i clause 210 requires the c ourt convicting persons holding driving licences to send intim ation as to the punishm ent aw arded w ith the nam e and address of the licence holder, licence num ber, etc, to the licensing authority chapter xiv—m iscellaneo usclause 211 em pow ers the c entral g overnm ent and s tate g overn­m ents to levy fees under this a ct in respect of application, certificate, etc-clause 212 provides for the previous publication of rulesclause 213 em pow ers the state g overnm ents to establish a m otor vehicles d epartm ent and appoint officers for th e purpose of carrying into effect the provisions of the a ct and the pow ers exercisable by such officers it also em pow ers the c entral g overnm ent to prescribe the m inim um  qualification for such officersclause 214 em powers the appellate and revisional authorities to grant stay of the orders of the original authorities pending disposal of appeal or revision petition and in the case of appeal against the orders refusing the renew al of perm it the appellate authority m ay order th at the perm it m ay continue to be valid till the disposal of th e appealclause 215 em i»w ers the c entral g overnm ent to constitute a n ational road safety council and the state g overnm ent to constitute a state road safety council for th e s tate and d istrict road safety com­m ittees 'clause 216 em powers the c entral g overnm ent to rem ove difficulties if any th a t m ay arise in giving effect to the provisions of the a ct by issuing orders notified in the official gazetteclause 217 provides for the repeal of the m otor vehicles act, 1939 and any corresponding law  and for saving certain actions taken under the repealed lawsthe proposed legislation which consolidates and amends the law  relating to m otor vehicles, inter alia, provides for the m aintenance of state regis­ters for driving licences and m otor vehicles, regulation of the construction, equipm ent, etc, of the m otor vehicles including anti-pollution measures, erection of traffic signs, setting up of way-side am enities on highways, traffic aid posts, truck parking complexes and establishm ent of road safety councils2 this legislation would be im plem ented largely by the state govern­m ents and union territory adm inistrations the existing infra-structure available for the sam e would be utilised in this behalf- the expenditure incurred on the im plem entation of the proposed legislation by the states w ill be m et out of th eir respective consolidated funds expenditure in­curred on this by certain union territories w ill be m et out by the conso­lidated fund of india the additional expenditure required for the im plem entation of the proposed legislation m ay be only m arginal this apart, sub-dause (1) of clause 215 provides for the constitution of n ational road safety council by the central government some inci­dental expenditure m ay be incurred on this account it is not possible at this stage to assess the quantum  of such expenditure there will be no other recurring or non-recurring expenditurethe pow ers to m ake rules to carry out the purposes of the biu are scattered over several provisions of the bill this is necessary in view  of th e subject-m atter of th e bill f u rth er, both t t ^  c entral g overnm ent and th e s tate g overnm ents have been em pow ered to m ake rules for different purposes som e of th e moi|e im portant provisions of the b ill em pow ering to m ake rules are clauses 27, 28, 38, 65, 95, 96, 110, 111, 137, 138, 139, 164 and 176 t here are also certain provisions em pow ering th e c entral g overnm ent to issue notifications some of th e m ore im por­ta n t of these provisions are sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, sub-section (3) of section 71, sub-section (3) of section 74, section 112, section 118 and sub-section (4) of section 213the m atters in respect of w hich the rules m ay be m ade or th e notifi­cations m ay be issued under th e aforem entioned provisions relate to adm inistrative detail and procedure- the delegation of legislative pow er is, therefore, of norm al character , clause 216 of th e b ill em pow ers th e c entral govemmjent to rem ove by order any difficulty w hich m ay arise in giving effect to th e provisions of the legislation this is by w ay of abundant caution and for covering difficulties w hich it is not practicable to visualise you in  view  of th e volu­ m inous and com plicated n atu re of the subject-m atter of th e bill, tt has, how ever, been provided th a t no such order shall be m ade after th e expiry of a period of ttr e e  years from  the com m encem ent of th e act tt has also been provided th a t a copy of every such order m ade shall be laid before each house of parliam ent a billto consolidate and amend the law relating to motor vdiides-(shri rajesh pilot, minister of state of the ministry oj surface transport')