MOTOR VEHICLES ACT, 1988 | MV Act
(1) This Act may be called the Motor Vehicles Act, 1988.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different State and any reference in this Act to the commencement of this Act shall, in relation to a States, be construed as a reference to the coming into force of this Act in that State.
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1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).
The Motor Vehicles Act, 1988, is a comprehensive legislation that governs all aspects of road transport vehicles in India. It aims to consolidate and amend the law relating to motor vehicles, ensuring safety, regulation, and accountability in the use of motor vehicles on public roads.
Section 1 of the Motor Vehicles Act, 1988, provides the short title, extent, and commencement of the Act. It states that the Act may be called the Motor Vehicles Act, 1988, and it extends to the whole of India.
Section 1 lays the foundation for the entire Act, establishing its authority and applicability across the country. It is crucial for understanding the legislative framework that governs motor vehicles and related activities.
While Section 1 itself does not prescribe any punishments, it sets the stage for subsequent sections of the Act, which detail various offenses and penalties related to motor vehicle use.
In this Act, unless context otherwise requires,--
1[(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person;
(1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;
(1B) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;]
(2) "articulated vehicle" means a motor vehicle to which a semitrailer is attached;
(3) "axle weight" means in relation to an axle of a vehicle the total
(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
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1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
Section 3 of the Motor Vehicles Act, 1988, serves as the foundational definition clause of the statute. It defines the term "Motor Vehicle," which dictates the scope of regulatory coverage including registration, permit requirements, taxation, and liability for accidents. Unlike purely compensation-oriented sections, this section interprets the physical and functional characteristics of vehicles that fall under the Act's purview, distinguishing between primary vehicles, trailers, semi-trailers, and other specialized equipment.
Section 3 states that "motor vehicle" means any vehicle drawn or propelled by mechanical power, and includes any draw bar of a vehicle, but does not include two-wheeled vehicles propelled by muscular power or patient (as originally phrased and historically interpreted). It specifically includes semi-trailers within the definition of a motor vehicle. This definition is inclusive, meaning that if a vehicle requires mechanical power for operation and is designed for the carriage of persons or goods, it is deemed a motor vehicle for the purposes of the Act, regardless of specific local customs that might treat it as static equipment.
Based on the judicial interpretation of Section 3 and related definitions in Section 2(28):- The vehicle must be drawn or propelled by mechanical power.- It must be capable of being moved on public roads.- Specific inclusions like semi-trailers apply if attached to a prime mover.- Specialized equipment like cranes and dumpers are included if they possess mobility and are plied on roads, not just in enclosed premises.
The scope of Section 3 extends to a wide array of vehicles beyond standard automobiles:- Specialized Machinery: Cranes and dumpers used for mining or construction are held to be motor vehicles if they are mobile and plied on roads [EVERSHINE GRANITES VS DEPUTY COMMISSIONER FOR TRANSPORT, BANGALORE DIVISION], [Western Coalfields Ltd. VS State of Maharashtra & another].- Chassis: A vehicle chassis, once fitted with a body, constitutes a motor vehicle subject to tax [State of Maharashtra, through the Deputy Commissioner of Sales Tax, Unit VS Anuja Dilip Chhajed].- Educational Vehicles: Vehicles used solely for transporting students and staff of educational institutions are recognized as motor vehicles but are exempt from permit and tax requirements under sub-section (3) of relevant clauses linked to the definition context [J. K. Trust VS Transport Commissioner, Chepauk and Another].- Territorial Taxation: The definition interacts with state taxation acts to determine liability based on usage (keeping for more than 30 days) rather than just registration location [Raj Kumar Khatri VS Deputy Commissioner of Transport, Anantapur].
Section 3 is a definitional provision and contains no penal clauses regarding its violation. Therefore, there is no specific punishment or penalty attached to the non-compliance of the definition itself. However, the classification of a vehicle under Section 3 triggers other sections of the Act that carry penalties:- Taxation Liability: If a vehicle defined under Section 3 is used without tax payment or registration where required, penalties under relevant State Motor Vehicles Taxation Acts apply [Raj Kumar Khatri VS Deputy Commissioner of Transport, Anantapur], [EVERSHINE GRANITES VS DEPUTY COMMISSIONER FOR TRANSPORT, BANGALORE DIVISION].- Consequences of Classification: Being a "motor vehicle" imposes mandatory obligations such as registration, insurance (under Section 146), and fitness certification. Failure to comply with these consequential statutes leads to penalties, though the Court has held that voluntary payment of tax cannot be refunded if coercion is not proven [Branch Manager, United India Insurance Co. Ltd. VS Jai Gun Nisha @ Jai Gun Nisha Bibi], [Gunganti Amritha VS State of Andhra Pradesh].
(1) No person under the age of eighteen years shall drive a motor vehicle in any public place:
Provided that 1[a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years.
(2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place.
(3) No learners licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.
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1. Subs. by Act 54 of 1994, s. 4, for "a motor cycle without gear" (w.e.f. 14-11-1994).
No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.
(1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.
(2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person.
(3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive.
1[(1) No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year:]
2[Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.]
(2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s licence.
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1. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 14-11-1994).
2. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7-1-2015)
Section 7 of the Motor Vehicles Act, 1988, primarily deals with restrictions on the issuance of learner's licenses for certain types of vehicles. It aims to regulate who can be granted a license to operate specific categories of motor vehicles, ensuring proper qualification and licensing standards are maintained for road safety and legal compliance.
This concise legal commentary highlights the scope, purpose, and legal implications of Section 7 of the Motor Vehicles Act, 1988, emphasizing the importance of licensing standards for transport vehicles to ensure road safety and legal compliance.
(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to 1[any of the licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue 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 2[with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government.
(3) Every application 3<
(1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to 1[any licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated,
for the issue to him of a driving licence.
(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.
2[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence:
Provided that no such te
(1) Every learner's licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government.
(2) A learner’s licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:
(a) motor cycle without gear;
(b) motor cycle with gear;
(c) 1[adapted vehicle];
(d) light motor vehicle;
2[(e) transport vehicle;]
(i) road-roller;
(j) motor vehicle of a specified description.
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1. Subs. by Act 32 of 2019
Section 10 of the MV Act prescribes the form, contents, and classification of driving licenses issued by competent authorities. It is a fundamental provision ensuring that drivers possess valid and appropriate licenses corresponding to the vehicle class they intend to operate, thereby promoting road safety and legal compliance.
In summary, Section 10 of the MV Act forms the backbone of licensing regulation, ensuring only qualified and authorized persons operate vehicles, thereby maintaining road safety and legal accountability. Proper issuance, classification, and endorsement of licenses are critical to uphold the legal framework and prevent penalties or liabilities arising from violations.
(1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to 1[any licensing authority in the State] in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence.
(2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence.
(1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) licensing of such schools or establishments including grant, renewal and revocation of such licences;
(b) supervision of such schools or establishments;
(c) the form of application and the form of licence and the particulars to be contained therein;
(d) fee to be paid with the application for such licences;
(e) conditions subject to which such licences may be granted;
(f) appeals against the orders of refu
A learner’s licence or a driving licence issued under this Act shall be effective throughout India.
(1) A learner's licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence.
(2) A driving licence issued or renewed under this Act shall,--
(a) in the case of a licence to drive a transport vehicle, be effective for a period of 1[five years]:
2***
3[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of 4[three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];]
5[(b) in the ca
(1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry:
Provided that in any case where the application for the renewal of a licence is made 1[either one year prior to date of its expiry or within one year] after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal:
Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relati
Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence.
Section 16 of the Motor Vehicles Act, 1988, deals with the revocation of driving licenses on grounds such as disease or disability, and sets the framework for the validity, renewal, and conditions under which a driver’s license remains effective. It emphasizes the importance of ensuring that only fit and competent individuals are permitted to operate motor vehicles on public roads, thereby safeguarding public safety and road discipline.
Section 16 provides for:- The revocation of a driving license if the license holder suffers from a disease or disability that renders him unfit to drive.- The procedure for renewal of licenses, including the requirement of medical fitness for licenses issued for driving transport vehicles or for applicants above a certain age.- The power of licensing authorities to revoke licenses if the licensee is found to be medically unfit.- The obligation of the licensing authority to pass reasoned orders when revoking or suspending licenses.
In conclusion, Section 16 of the Motor Vehicles Act, 1988, is a vital statutory provision ensuring that only medically fit and properly licensed drivers operate vehicles on public roads, thereby safeguarding public safety, maintaining discipline, and preventing accidents caused by health-related incapacity or licensing violations.
(1) Where a licensing authority refuses to issue any learner’s licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.
(1) Such authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise.
(2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled.
(3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1).
(4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to
(1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he--
(a) is a habitual criminal or a habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(c) is using or has used a motor vehicle in the commission of a cognizable offence; or
(d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or
(e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or
(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Centra
(1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence:
Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence.
(2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is r
Section 20 of the Motor Vehicles Act, 1988, confers upon courts the authority to disqualify individuals from holding or obtaining a driving license upon conviction for certain offences related to motor vehicles. It plays a crucial role in ensuring road safety by penalizing unlawful or dangerous driving behaviors.
Section 20 empowers courts to disqualify a person from holding or obtaining a driving license for a minimum period of six months, which can be extended based on the nature of the offence or the discretion of the court. It applies to persons convicted of offences under the MV Act or related offences where a motor vehicle is used.
Note: The analysis is based on the provided sources, with references to relevant sections and judicial interpretations.
(1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended--
(a) for a period of six months from the date on which the case is registered, or
(b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.
(2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is re
(1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person in so far as it relates to that class or description of motor vehicle.
(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person.
(3) If a driving licence is cancelled or suspended
(1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period.
(2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs.
(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to
(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed.
(2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted.
(3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with
(1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement.
(2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then--
(a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix; or
(b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority, and if the dr
1[26. Maintenance of State Registers of Driving Licences.-- Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including--
(a) names and addresses of holders of driving licences;
(b) licence numbers;
(c) dates of issue or renewal of licences;
(d) dates of expiry of licences;
(e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.]
(2) Each State Government shall supply to the Central Government a 2[print
The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;]
2[(aa)] regarding conditions referred to in sub-section (2) of section 3;
(b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8;
(c) providing for the form of medical certificate referred to in sub-section (3) of section 8;
(d) providing for the particulars for the test referred to in sub-section (5) of section 8;
3[(da) the form and manner in which a licensing authority may issue a learner’s licence un
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;
(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees:
Provided that no fee so fixed shall exceed twenty-five rupees;
(c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;
(d) the badges and uniform to be worn by drivers of transport vehicle
(1) No person shall act as a conductor of a stage carriage unless he holds an effective conductors licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage.
(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month.
(1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductor's licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor's licence.
(2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed.
(3) Every application for a conductor's licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant.
(4) A conductor's licence issued under this Chapter shall be in such form and contain such
(1) No person under the age of eighteen years shall hold, or be granted, a conductor's licence.
(2) The licensing authority may refuse to issue a conductor's licence--
(a) if the applicant does not possess the minimum educational qualification;
(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and
(c) if any previous conductor's licence held by the applicant was revoked.
A conductor's licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence:
Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.
(1) Where a licensing authority refuses to issue or renew, or revokes any conductor's licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.
(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor's licence:
Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.
(2) Upon the issue of any such order, the holder of the conductor's licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed.
(3) Where the authority disqualifying the holder of a conductor's lic
(1) Where any person holding a conductor's licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's licence.
(2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.
The provisions of sub-section (2) of section 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductors licence, as they apply in relation to a driving licence.
If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted.
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter;
(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may 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) th
No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:
Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.
Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by 1[any registering authority in the State] in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.
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1. Subs. by Act 32 of 2019, s. 16, for "a registering authority" (w.e.f. 1-9-2019).
(1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.
1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.]
(2) An application referred to in sub-section (1) shall be accompanied by such fee as may be pres
(1) Where an application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act.
(2) If any vehicle
1[43. Temporary registration.-- Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government:
Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.]
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1. Subs. by Act 32 of 2019, s. 18, for section 43 (w.e.f. 1-9-2019).
1[44. Production of vehicle at the time of registration.-- (1) Subject to such terms and conditions as may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time.
(2) Subject to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority.]
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1. Subs. by, s. 19, ibid., for section 44 (w.e.f. 1-9-2019).
The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal.
Subject to the provisions of section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India.
(1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:
Provided that an application under this sub-section shall be accompanied-
(i) by the no objection certificate obtained under section 48, or
(ii) in a case where no such certificate has been obtained, by--
(a) the receipt obtained under sub-section (2) of section 48; or
(b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by reg
(1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration.
(2) The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such f
(1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another 1[State, to any registering authority in that State], and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein.
2[(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along wi
(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,--
(a) the transferor shall,--
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and
(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)--
(A) the no objection certificate obtained under section 48; or
(B) in a case where no such certificate has been obtained,--
(I) the receipt obtained under sub-s
Section 50 of the Motor Vehicles Act, 1988 (MV Act), is a crucial provision that governs the transfer of ownership of motor vehicles. It lays down the procedural requirements for reporting and effecting such transfer, ensuring legal clarity and accountability in vehicle ownership changes. The section emphasizes the importance of timely reporting to the registering authority to maintain accurate records and facilitate lawful transfer of ownership.
Section 50 of the MV Act mandates that when the ownership of a registered motor vehicle is transferred, the transferor must report the transfer to the registering authority within specified time limits. The transfer must be accompanied by necessary documents, including the registration certificate, proof of sale, and, where applicable, no objection certificates. The section also prescribes the procedure for the transferee to apply for registration of ownership in their name, along with requisite fees and documents.
Specifically, it states:- The transferor shall report the transfer within 14 days if the vehicle is registered within the same State; 45 days if registered outside.- The transferee shall apply in the prescribed form within 30 days of the transfer.- The registering authority shall, upon receiving the report and application, verify compliance and update the registration records accordingly.
Section 50 applies to all registered motor vehicles, whether private or commercial, and irrespective of the mode of transfer (sale, inheritance, gift, etc.). It aims to ensure transparency and prevent fraudulent transfers. The section also interacts with other provisions like Rule 55 of the Central Motor Vehicles Rules, 1989, which provides detailed procedures for transfer on the death of the owner, and Section 51 regarding hypothecation and lien.
The section's scope extends to:- Sale of vehicles within and outside the State.- Transfer on death, with provisions for successors.- Transfer of ownership through inheritance or gift.- Ensuring updated records for legal and administrative purposes.
Non-compliance with Section 50, such as failing to report transfer within the stipulated time, can attract penalties. As per the Act and Rules:- A fine of up to Rs. 100 may be imposed for failure to report transfer within the prescribed period [Section 50(3)].- Penalties for contravention of other provisions related to transfer may include fines, imprisonment, or both, depending on the severity.- In cases of illegal transfer or concealment, authorities may initiate proceedings under the Indian Penal Code or other relevant laws.
In conclusion, Section 50 of the MV Act emphasizes the importance of timely reporting and procedural compliance in the transfer of vehicle ownership, with penalties for non-compliance. Proper adherence ensures legal clarity, protects the rights of buyers and sellers, and maintains the integrity of vehicle records.
(1) Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement.
(2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the 1[last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority].
1[52. Alteration in motor vehicle.-- (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer:
Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:
2[Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and
Section 52 of the Motor Vehicles Act, 1988, addresses the alteration of motor vehicles, specifically prohibiting modifications that deviate from the specifications provided in the vehicle's certificate of registration. This section aims to ensure safety, compliance with standards, and the integrity of vehicle specifications as set by manufacturers.
Section 52 states that no owner of a motor vehicle shall alter the vehicle in a manner that changes the particulars contained in the certificate of registration. This includes modifications that could affect the vehicle's safety, performance, or compliance with regulatory standards.
The scope of Section 52 encompasses all types of alterations to motor vehicles, including structural changes, modifications to the engine, or any other changes that could affect the vehicle's compliance with safety and regulatory standards.
Violations of Section 52 can result in penalties, including fines. The specific fines for first and second offenses are outlined in the Act, with escalating penalties for repeated violations.
(1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction--
(a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or
(b) has been, or is being, used for hire or reward without a valid permit for being used as such,
the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle--
(i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and
(ii)
Where the suspension of registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel the registration.
Section 54 of the Motor Vehicles Act, 1988 deals with the cancellation of registration that has been suspended under Section 53. This provision serves as a consequential measure following the suspension of a vehicle's registration, ensuring that prolonged non-compliance leads to permanent revocation of registration rights. The Motor Vehicles Act, 1988 was enacted to consolidate and amend laws relating to motor vehicles, ensure uniform traffic regulations across states, improve road safety, and regulate insurance policies.
Section 54: Cancellation of registration suspended under section 53
Where the suspension of registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority may, after giving the owner an opportunity of being heard, cancel the registration of such vehicle.
Section 54 operates within the broader scheme of registration control under the Motor Vehicles Act, 1988. It provides the final step in the enforcement mechanism that begins with suspension under Section 53. The section empowers registering authorities to take decisive action against vehicles that have been non-compliant for an extended period, thereby maintaining the integrity of the registration system and ensuring road safety.
Section 54 itself does not prescribe a monetary penalty or imprisonment. Instead, the punishment is the cancellation of registration of the motor vehicle. This effectively renders the vehicle unfit for use on public roads until fresh registration is obtained, subject to meeting all legal requirements.
Cancellation Mechanism - Section 54 establishes a graduated enforcement mechanism where prolonged suspension (over six months) under Section 53 can lead to permanent cancellation of vehicle registration. - [MV Act, 1988 Section 54]
Discretionary Power - The use of the word "may" indicates that the registering authority has discretionary power and is not mandatorily required to cancel registration even after six months of suspension. - [Section 54 in The Motor Vehicles Act, 1988]
Natural Justice Requirement - The mandatory requirement of giving the owner "an opportunity of being heard" before cancellation ensures compliance with principles of natural justice and procedural fairness. - [MV Act, 1988 Section 54]
Registration Control - Section 54 is part of the comprehensive scheme for registration of motor vehicles under the Act, which provides in detail the legislative provisions regarding licensing, registration, and control of motor vehicles. - [Motor Vehicles Act - Wikipedia]
Time Threshold - The specific threshold of "not less than six months" creates a clear and objective standard for when cancellation may be initiated, preventing arbitrary or premature action. - [Section 54 in The Motor Vehicles Act, 1988]
Regulatory Enforcement - This provision strengthens the enforcement framework of the MV Act by providing a meaningful consequence for persistent non-compliance with registration conditions. - [Complete Guide to the Indian Motor Vehicles Act, 1988]
Road Safety Objective - The cancellation power under Section 54 ultimately serves the Act's broader objectives of improving road safety by removing non-compliant vehicles from public roads. - [Complete Guide to the Indian Motor Vehicles Act, 1988]
Interconnection with Section 53 - Section 54 is directly dependent on and interconnected with Section 53, creating a two-stage process: suspension first, then potential cancellation after continued non-compliance. - [MV Act, 1988 Section 54]
Procedural Safeguard - The requirement for a hearing before cancellation ensures that owners have the opportunity to explain circumstances or remedy the cause of suspension before losing registration permanently. - [Section 54 in The Motor Vehicles Act, 1988]
Registration Revocation - Cancellation under Section 54 results in complete revocation of the registration certificate, effectively de-legalizing the vehicle's operation on public roads. - [MV Act, 1988 Section 54]
Uniform Application - As part of the MV Act, 1988, this section applies uniformly across all states, helping to ensure consistent traffic laws and regulations nationwide. - [Complete Guide to the Indian Motor Vehicles Act, 1988]
Owner Responsibility - The provision reinforces the principle that vehicle owners bear ongoing responsibility for compliance with registration conditions and road safety requirements. - [MV Act, 1988 Section 54]
Administrative Discretion - The registering authority's discretion under this section must be exercised reasonably and not arbitrarily, considering all relevant facts and circumstances. - [Section 54 in The Motor Vehicles Act, 1988]
Permanent Consequence - Unlike suspension which is temporary, cancellation is a permanent measure that requires the owner to undergo the entire registration process afresh if they wish to use the vehicle again legally. - [MV Act, 1988 Section 54]
Linked to Transport Vehicle Fitness - The cancellation provision works alongside Section 56 (Certificate of fitness of transport vehicles) to ensure comprehensive regulatory control over vehicle roadworthiness. - [THE MOTOR VEHICLES ACT, 1988 ARRANGEMENT OF SECTIONS]
Legislative Intent - The structured progression from suspension to cancellation demonstrates legislative intent to create a proportional enforcement mechanism that escalates only after continued non-compliance. - [Section 54 in The Motor Vehicles Act, 1988]
Amendment History - The Motor Vehicles (Amendment) Act, 1994 (Act 54 of 1994) brought significant changes to motor vehicle laws, though Section 54's core provision of cancellation after suspended registration remained intact. - [Motor Vehicles Amendment Act 54 of 1994]
Rule Framework Support - The Central Motor Vehicles Rules, 1989 provide the procedural framework within which Section 54 operations are conducted, including forms and processes for registration matters. - [The Central Motor Vehicles Rules, 1989, Form 54]
Consumer Protection Aspect - This section indirectly protects consumers and other road users by ensuring that vehicles with prolonged compliance issues are removed from circulation, enhancing overall road safety. - [Motor Vehicles Act 1988: Rules, Sections, Penalties & Insurance Laws]
Enforcement Chain Completion - Section 54 represents the final stage in the enforcement chain for registration violations, providing authorities with a comprehensive toolkit from warning through suspension to cancellation. - [MV Act, 1988 Section 54]
(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle.
(2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.
(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if, upon such examination and after giving the owner a
Section 55 of the Motor Vehicles Act, 1988, primarily deals with the cancellation of vehicle registration under specific circumstances. It provides the legal framework for ensuring that vehicles which are destroyed, permanently incapable of use, or involved in violations are appropriately deregistered to maintain road safety and legal compliance.
Section 55 empowers the registering authority to cancel the registration of a motor vehicle if:- The vehicle has been destroyed or rendered permanently unfit for use (Section 55(1)).- The owner fails to notify the authority about certain events like destruction or transfer (Section 55(2)).- The registration was obtained based on false documents or misrepresentations (Section 55(5)).The section also prescribes procedural requirements, including reporting obligations within specified timeframes.
Section 55 itself does not specify penalties; it deals with cancellation of registration. However, violations related to false registration, destruction, or non-reporting may attract penalties under other provisions of the MV Act, such as fines or imprisonment for offences like misrepresentation or illegal use.
In summary, Section 55 of the MV Act provides a structured legal framework for the cancellation of vehicle registration, emphasizing due process, timely reporting, and adherence to principles of natural justice. Violations of procedural requirements lead to invalid orders, and courts have consistently reinforced the importance of fair enquiry before cancellation.
(1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.
1[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicl
1[(1) Any person aggrieved by an order of the registering authority under section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.]
(2) The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit.
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1. Subs. by Act 54 of 1994, s.17, for sub-section (1) (w.e.f. 14-11-1994).
Section 57 of the Motor Vehicles Act, 1988 (MV Act) provides the statutory framework for appeals against orders passed by registering authorities and other competent authorities under various provisions of the MV Act. It ensures a mechanism for aggrieved parties to seek reconsideration of decisions affecting registration, permits, or other related matters concerning motor vehicles.
Section 57 grants the right to appeal to any person aggrieved by an order of a registering authority under specific sections of the MV Act, including those related to registration, permits, and other regulatory actions. The appeal must be filed within thirty days from the date of notification of the order. The appellate authority is empowered to hear the case and pass appropriate orders, with provisions for notices to the original authority and parties involved [, "Section 57: Appeals | The Motor Vehicles Act 1988"]].
Section 57 applies broadly to decisions made by registering authorities and other specified authorities under the MV Act. It covers appeals against registration refusals, permit grants or cancellations, and other administrative orders. The section ensures that parties have a judicial remedy to challenge administrative decisions, promoting fairness and transparency in motor vehicle regulation.
Section 57 itself does not prescribe any punishment; rather, it establishes the appellate process. Penalties and punishments for violations of the MV Act are specified under other sections, such as offences related to driving without licenses, dangerous driving, or illegal modifications, which are punishable with fines, imprisonment, or both [, "Offences & Penalties"]].
Note: The references are based on the provided sources, which include legal provisions, case summaries, and procedural notes related to the Motor Vehicles Act, 1988.
(1) The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the 1[maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle.
(2) A registering authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:--
(a) the unladen weight of the vehicle;
(b) the number, nature and size of the tyres attached to each wheel;
(c) the gross vehicle weight of the vehicle and th
(1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder:
Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any
(1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be registered otherwise under this Act.
(2) The authority registering a vehicle under sub-section (1) shall assign a registration mark in accordance with the provisions contained in the rules made in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered
(1) The provisions of this Chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle.
(2) The registration mark assigned to a trailer shall be displayed in such manner on the side of the drawing vehicle, as may be prescribed by the Central Government.
(3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed by the Central Government.
The State Government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made.
1[63. Maintenance of State Registers of Motor Vehicles.-- (1) Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicles, in respect of the motor vehicles in that State, containing the particulars including
(a) registration numbers;
(b) years of manufacture;
(c) classes and types;
(d) names and addresses of registered owners; and
(e) such other particulars as may be prescribed by the Central Government.]
(2) Each State Government shall supply to the Central Government 2[if so desired by it] a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in
The Central Government may make rules to provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41;
(b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41;
(c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41;
(d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown;
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be paid in respect of such appeals and the refund of such fees);
(b) the appointment, functions and jurisdiction of registering and other prescribed authorities;
(c) the exemption of road-rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder and the conditions governing such exemption;
(d) the issue or renewal of certificates of registration and fitness and duplicates of such certifi
(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:
Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:
Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:
Provided also that a goods carriage permit shall, subject to any conditions that may be specified in t
1[(1) A State Government, having regard to--
(a) the advantages offered to the public, trade and industry by the development of motor transport;
(b) the desirability of co-ordinating road and rail transport;
(c) the desirability of preventing the deterioration of the road system, and
(d) promoting effective competition among the transport service providers,
may, from time to time, by notification in the Official Gazette issue directions both to the State Transport Authority and Regional Transport Authority regarding the passengers convenience, economically competitive fares, prevention of overcrowding and road safety.]
(2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such f
(1) The State Government shall, by notification in the Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities:
Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and
(1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:
Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:
Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business.
(2) Notwithstanding an
(1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely:--
(a) the route or routes or the area or areas to which the application relates;
(b) the type and seating capacity of each such vehicle;
(c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips.
Explanation.--For the purposes of this section, section 72, section 80 and section 102, "trip" means a single journey from one point to another, and every return journey shall be deemed to be a separate trip;
(d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions;
(e) the arrangements intended to be made for t
(1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act:
1 * * * * *
(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:
Provided that before such refusal an opportunity shall be given to the applicant to amend the timetable so as to conform to the said provisions.
(3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage ca
(1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any route or area not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:--
(i) that the vehicles shall be used only in a specified area, or on a specified route or routes;
(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;
An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:--
(a) the type and seating capacity of the vehicle;
(b) the area for which the permit is required;
(c) any other particulars which may be prescribed.
(1) Subject to the provisions of sub-section (3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:--
(i) that the vehicles shall be used only in a specified area or on a specified route or routes;
(ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified
(1) The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of 1[motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles] for their own use and for matters connected therewith.
(2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely:--
(a) licensing of operators under the scheme including grant, renewal and revocation of such licences;
(b) form of application and form of licences and the particulars to be contained therein;
(c) fee to be paid with the application for such licences;
(d) the authorities to which the application shall be made;
(e) condition subject to which such licences may be grante
(1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely:--
(a) type and seating capacity of the vehicle;
(b) the area or the route or routes to which the application relates;
(c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle; and
(d) any other particulars which may be prescribe
An application for a permit to use a motor vehicle for the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as may be, contain the following particulars, namely:--
(a) the area or the route or routes to which the application relates;
(b) the type and capacity of the vehicle;
(c) the nature of the goods it is proposed to carry;
(d) the arrangements intended to be made for the housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods;
(e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, and of the r
A Regional Transport Authority shall, in considering an application for a goods carriage permit, have regard to the following matters, namely:--
(a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life;
(b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life.
(1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:--
(i) that the vehicle shall be used only in a specified area or on a specified route or routes;
(ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum;
(iii) that goods of a specified nature shall not be carr
(1) An application for a permit of any kind may be made at any time.
(2) A 1[Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act:
Provided that the 1[Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74:
<(1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective 1[from the date of issuance or renewal thereof] for a period of five years:
Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit.
(2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry.
(3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and suff
(1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself:
Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit:
Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal
The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature.
The following shall be conditions of every permit--
(a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this Act and the rules made thereunder;
(b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act;
(c) that any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates;
(d) that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113;
(e) that the provisions of this Act limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relate
Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.
(1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit--
(a) on the breach of any condition specified in section 84 or of any condition contained in the permit, or
(b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or
(c) if the holder of the permit ceases to own the vehicle covered by the permit, or
(d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or
(e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or
(f) if the holder of the permit acquires the citizenship of any foreign country:
Provided that no permit shall be suspended or cancel
(1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily--
(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit,
and may attach to any such permit such condition as it may think fit:
Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be reco
(1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other rigion, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned:
Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any othe
(1) Any person--
(a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or
(b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or
(c) aggrieved by the refusal to transfer the permit under section 82, or
(d) aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or
(e) aggrieved by the refusal of renewal of a permit, or
(f) aggrieved by the refusal to grant permission under section 83, or
(g) aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the State Transport Appellate Tribunal constituted un
The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Authority Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final:
Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order:
Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said peri
1 [(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).]
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow an
Any contract for the conveyance of a passenger in a 1[transport vehicle, in respect of which a permit or licence] has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.
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1. Subs. by Act 32 of 2019, s. 35, for "stage carriage or contract carriage, in respect of which a permit" (w.e.f. 1-9-2019).
1[Agent or canvasser or aggregator to obtain licence.]--(1) No person shall engage himself--
(i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles, or
(ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages,
2[(iii) as an aggregator,]
unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government.
2[Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government:
Provided further that every aggregator shall comply with the provisions of the Informat
No Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit 1[or licence issued under any scheme] under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit 1[or licence issued under any scheme], shall be entertained by any Civil Court.
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1. Ins. by Act 32 of 2019, s. 37 (w.e.f. 1-9-2019).
(1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles.
(2) Without prejudice to the generality of the foregoing provision, such rules may--
(a) authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police officer;
(b) require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand;
(c) require a passenger to declare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor;
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:--
(i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them;
(ii) the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted;
(iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees;
(iv) the forms to be used
In this Chapter, unless the context otherwise requires, "road transport service" means a service of motor vehicles carrying passengers or goods or both by road for hire or reward.
The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law.
1 [(1)] Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such schem
(1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government.
(2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal.
(3) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same
Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings:
Provided that the State transport undertaking shall inform about the operation of such additional services to the concerned Transport Authority without delay.
(1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving--
(i) the State transport undertaking; and
(ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification,
an opportunity of being heard in respect of the proposed modification.
(2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.
(1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order,--
(a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending;
Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme:
Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route.
(1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be.
(2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing, permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit.
(3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a
Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the form in which any proposal regarding a scheme may be published under section 99;
(b) the manner in which objections may be filed under sub-section (1) of section 100;
(c) the manner in which objections may be considered and disposed of under sub-section (2) of section 100;
(d) the form in which any approved scheme may be published under sub-section (3) of section 100;
(e) the manner in which application under sub-section (1) of section 103 may be made;
(f) the period within which the owner may claim any article found left in any transport ve
The powers conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter-State route or area.
(1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature.
1 [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]
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1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994).
(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried;
1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;]
(c) brakes and steering gear;
(d) the use of safety glasses including prohibition of the use of tinted safety glasses;
(e) signalling appliances, lamps and reflectors;
(f) speed governors;
(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;
(h) the reduction of noise emitted by or caused by v
Section 110 of the MV Act grants the Central Government the authority to formulate rules concerning the construction, equipment, and maintenance of motor vehicles, thereby ensuring road safety, standardization, and regulatory compliance across the country.
Section 110 empowers the Central Government to make rules regulating:- Construction of motor vehicles and trailers.- Equipment standards.- Maintenance requirements.- Safety standards.- Recall procedures for defective vehicles.- Other related aspects necessary for road safety and vehicle regulation.
Note: This commentary synthesizes available legal sources and judicial principles related to Section 110 of the MV Act, focusing on its regulatory scope, legal implications, and enforcement mechanisms.
(1) A State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110.
(2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely:--
(a) seating arrangements in public service vehicles and the protection of passengers against the weather;
(b) prohibiting or restricting the use of audible signals at certain times or in certain places;
(c) prohibiting the carrying of appliances likely to cause annoyance or danger;
(d) the periodical testing and inspe
(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force:
Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette.
(2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed lim
Section 112 of the Motor Vehicles Act, 1988, forms the backbone of India's vehicle speed regulation framework, aiming to ensure road safety by prescribing maximum and minimum speed limits for different classes of motor vehicles. It empowers the State Governments and the Central Government to fix such limits in the interest of public safety, convenience, and road conditions.
Section 112 of the MV Act, 1988, provides a comprehensive legal framework for regulating vehicle speeds, emphasizing the importance of proper authority, notification, technical compliance (speed governors), and enforcement to ensure road safety. Arbitrary or unnotified restrictions are legally unsustainable, and violations attract stringent penalties. Judicial pronouncements reinforce the necessity of reasoned, transparent, and lawful fixation of speed limits, with the ultimate goal of safeguarding public life and property.
References used are from the provided sources, with relevant citations in square brackets.
(1) The State Government may prescribe the conditions for the issue of permits for 1 [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer--
(a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or
(b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.
(4) Where the driver or person in charge of a motor vehicle or trailer
(1) 1 [Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions.
Section 114 of the Motor Vehicles Act, 1988, empowers authorized officers to require the weighing of vehicles suspected of being overloaded. This provision aims to ensure compliance with weight regulations, thereby promoting road safety and protecting infrastructure.
Section 114 states that any officer of the Motor Vehicles Department, or any person authorized by the State Government, may require the driver of a goods vehicle or trailer to convey the vehicle to a weighing device within a specified distance if there is reason to believe that the vehicle is being used in contravention of weight regulations.
The scope of Section 114 extends to all goods vehicles and trailers, ensuring that they comply with the weight limits prescribed under Section 113 of the Act. This section is crucial for maintaining road safety and preventing damage to road infrastructure.
While Section 114 itself does not prescribe specific penalties, violations related to overloading can lead to penalties under other sections of the Motor Vehicles Act, including fines and potential disqualification of the driver's license.
Authority - Section 114 empowers authorized officers to enforce weight regulations, ensuring compliance with safety standards. -
Reasonable Belief - The officer must have a reasonable belief regarding the overload, which is essential for invoking this section. -
Weighing Device - The requirement to convey the vehicle to a weighing device is a critical enforcement mechanism to check compliance. -
Distance Specification - The law specifies distances within which the vehicle must be taken for weighing, ensuring practicality in enforcement. -
Overloading Consequences - Overloading can lead to severe penalties, including fines and legal action against the driver and owner. -
Infrastructure Protection - The section plays a vital role in protecting road infrastructure from damage caused by overloaded vehicles. -
Judicial Interpretation - Courts have emphasized the importance of this section in maintaining road safety and regulating vehicle operations. -
Public Safety - The enforcement of weight regulations under this section is crucial for public safety on roads. -
Compliance Monitoring - Section 114 facilitates monitoring compliance with weight regulations, which is essential for road safety. -
Legal Framework - This section is part of a broader legal framework aimed at regulating motor vehicle operations in India. -
Administrative Powers - The section grants significant powers to administrative officers, highlighting the role of governance in road safety. -
Public Awareness - There is a need for public awareness regarding the implications of overloading and the enforcement of this section. -
Enforcement Challenges - Practical challenges in enforcement may arise, necessitating clear guidelines and training for officers. -
Legal Recourse - Drivers and vehicle owners have the right to contest any penalties imposed under this section if they believe the enforcement was unjust. -
Impact on Transport Industry - The section has significant implications for the transport industry, affecting operational costs and compliance strategies. -
Technological Integration - The use of technology in weighing vehicles can enhance compliance and enforcement efficiency. -
Future Amendments - Potential amendments to this section may be necessary to address evolving transportation needs and challenges. -
Interdepartmental Coordination - Effective enforcement of this section requires coordination between various government departments. -
Legal Precedents - Judicial interpretations of this section can influence future enforcement practices and legislative changes. -
Public Transport Safety - Ensuring compliance with weight regulations is essential for the safety of public transport systems. -
Environmental Considerations - Overloading can have environmental impacts, making compliance with this section important for sustainable transport practices. -
Insurance Implications - Overloading may affect insurance claims and liabilities in the event of accidents. -
The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places:
Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given o
(1) (a) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic.
(b) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government.
1[(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the
The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.
1[Provided that the State Government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places:
Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may also determine such places.]
The Central Government may, by notification in the Official Gazette, make regulations for the driving of motor vehicles.
(1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place.
(2) In this section "mandatory traffic sign" means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116.
No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left-hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order.
The driver of a motor vehicle shall make such signals and on such occasions as may be prescribed by the Central Government:
Provided that the signal of an intention to turn to the right or left or to stop--
(a) in the case of a motor vehicle with a right-hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and
(b) in the case of a motor vehicle with a left hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle:
Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpos
No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.
(1) No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle.
(2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle.
No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket:
Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey.
Explanation.--In this section,--
(a) "pass" means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein;
(b) "ticket" includes a single ticket, a return ticket or a season t
No person driving a motor vehicle shall allow any person to stand or sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle.
No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver.
1[(1) Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.]
(2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the 2[public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the 1[public place] by a towing service may be authorised by a police officer having jurisdiction.
(3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a polic
(1) No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures.
(2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor cycles and pillion riders thereon.
1[129. Wearing of protective headgear.-- Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government:
Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban:
Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle.
Explanation.-- "Protective headgear" means a helmet which,--
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcyc
(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination:
Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand.
1[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.]
2[(3) The owner of a motor vehicle (other than a vehicle registere
Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed.
(1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as 1[may for such reasonable time as may be necessary, but not exceeding twenty-four hours]--
2[(a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or]
(b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or
3* * * * *
and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident o
The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.
When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall--
(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, 1[by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise;
(b) give on demand by a police officer any information required by him, or, if no police officer is prese
(1) The State Government may, by notification in the Official Gazette, make one or more schemes to provide for--
(a) an in depth study on causes and analysis of motor vehicle accidents;
(b) wayside amenities on highways;
(c) traffic aid posts on highways; 1***
(d) truck parking complexes along 2[highways; and].
3[(e) any other amenities in the interests of the safety and the convenience of the public.]
(2) Every scheme made under this section by any State Government shall be laid, as soon as may be after it is made, before the State Legislature.
3[(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in-depth studi
When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:
Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned 1[after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours].
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1. Subs. by Act 54 of 1994, s. 42, for "without unnecessary delay" (w.e.f. 14-11-1994).
The Central Government may make rules to provide for all or any of the following matters, namely:--
(a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121;
1[(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;]
(b) the manner in which the licences and certificates may be produced to the police officer under section 130.
1[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and
(d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.]
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1. Ins. by Act 32 of 2019, s. 48 (w.e.f.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137.
1[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways:
Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.]
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads;
(b) the installation and use of weighing
(1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:--
(a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle during their absence from India;
(b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India; and
(c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India.
(2) For the purpose of facilitating and regulating the s
[Liability to pay compensation in certain cases on the principle of no fault.]--Omitted by s. 50, ibid, (w.e.f. 1-4-2022).]
Section 140 of the MV Act establishes a statutory framework for providing immediate compensation to victims of motor vehicle accidents on a no-fault basis, ensuring prompt relief irrespective of fault or negligence. It aims to protect accident victims and their families by mandating liability of vehicle owners and insurers for certain types of injuries and fatalities.
Section 140 mandates that in cases of death or permanent disablement resulting from a road accident involving a motor vehicle, the owner of the vehicle shall be liable to pay compensation to the victim or their dependents, even without establishing fault. The section also specifies that the liability is to be discharged by the insurer if the vehicle is insured, and the amount payable is Rs. 50,000 in case of death or permanent disablement, subject to modifications by the tribunal.
Section 140 itself does not prescribe punishment but mandates liability for compensation. However, violations such as driving without insurance or using a vehicle in contravention of licensing laws can attract penalties under other provisions of the MV Act and IPC.
In conclusion, Section 140 of the MV Act is a vital provision ensuring that victims of road accidents receive prompt and fair compensation on a no-fault basis, emphasizing the principles of strict liability and victim protection, with the liability primarily resting on vehicle owners and insurers.
[Provisions as to other right to claim compensation for death or permanent disablement.]-- Omitted by s. 50, ibid, (w.e.f. 1-4-2022).]
[Permanent disablement.]-- Omitted by s. 50, ibid. (w.e.f. 1-4-2022).]
Section 142 of the Motor Vehicles Act, 1988, primarily deals with the concept of permanent disablement resulting from motor vehicle accidents. It provides a framework for claiming compensation in cases of permanent disability, emphasizing the no-fault liability principle in specific circumstances.
Section 142 defines "permanent disablement" and stipulates that such disablement resulting from an accident shall be deemed to have resulted from the accident. It establishes the basis for compensation claims related to permanent injuries or disabilities caused by motor vehicle accidents.
Section 142 does not prescribe any punishment; rather, it facilitates compensation claims for victims of permanent disablement. The enforcement and liability are governed by the provisions of the Act and related case law.
Note: The references are based on the provided sources and general legal understanding of Section 142 of the Motor Vehicles Act, 1988.
[Applicability of Chapter to certain claims under Act 8 of 1923.]-- Omitted by s. 50, ibid. (w.e.f. 1-9-2019).]
[Overriding effect.]-- Omitted by s. 50, ibid. (w.e.f. 1-4-2022).]
1[Definitions.--In this Chapter,--
(a) "authorised insurer" means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972);
(b) "certificate of insurance" means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may
Section 145 of the MV Act is a fundamental provision that defines key terms related to motor vehicle insurance, particularly focusing on the concept of 'third party' and the scope of insurance coverage. It establishes the legal framework for mandatory insurance to protect third parties against liabilities arising from motor vehicle accidents.
Section 145 provides definitions crucial for interpreting the Act, including:- Definition of 'Third Party' (Section 145(g))- Scope of insurance coverage- Conditions under which the insurance policy is applicable- Clarification on the inclusion of various persons such as government and co-workers in the scope of third-party risk, especially after amendments [NEW INDIA ASSURANCE CO. LTD. VS GIRVARNATH].
While Section 145 primarily deals with definitions, violations of the mandatory insurance requirement attract penalties under other provisions, such as:- Imprisonment for up to six months or fines (up to Rs. 5,000) for using a vehicle without insurance .- Penalties for offences related to construction, maintenance, and use of vehicles without proper insurance .
Note: The above commentary synthesizes the legal interpretations and judicial pronouncements based on the provided sources, emphasizing the broad scope and protective intent of Section 145 of the MV Act regarding third-party insurance liability.
1[146. Necessity for insurance against third party risks. --(1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter:
Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991).
Explanation.--For the purposes of this sub-section, a person driving a motor vehicle merely as a paid employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has r
1[Requirement of policies and limits of liability. -- (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which--
(a) is issued by a person who is an authorised insurer; and
(b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)--
(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person including owner of the goods or his authorised representative carried in the motor vehicle or damage to any property of a third party caused by or arising out of the use of the motor vehicle in a public place;
(ii) against the death of or bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor
Section 147 of the Motor Vehicles Act, 1988, is a fundamental provision that mandates the compulsory insurance of motor vehicles against third-party risks. It ensures that in case of accidents causing injury, death, or property damage to third parties, there is a legal obligation on vehicle owners to maintain valid insurance policies. This section forms the backbone of the motor vehicle insurance framework in India, balancing the interests of victims and vehicle owners.
Section 147 stipulates that:- No person shall use a motor vehicle in a public place unless there is a policy of insurance in force, complying with the requirements specified.- The policy must cover liabilities for death or bodily injury to third parties and property damage.- It prescribes the scope of coverage and the limits of liability.- The section also details the requirements for the policy to be valid and enforceable.
Note: This commentary synthesizes the legal landscape surrounding Section 147 of the MV Act, incorporating judicial interpretations, amendments, and statutory provisions based on the provided sources.
1[ Validity of policies of insurance issued in reciprocating countries. -- Where, in pursuance of an arrangement between India and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance for the time being in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164B such policy of insurance shall be effective throughout the route or area in respect of which the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter. ]
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1. Subs. by Act 32 of 2019, s. 51, fo
1[Settlement by insurance company and procedure therefor. -- (1) The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident.
(2) An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government.
(3) If, the claimant to whom the offer is made under sub-section (2),--
(a) accepts such offer,--
(i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and
(ii) the pa
Section 149 of the MV Act establishes the statutory obligation of insurance companies to satisfy judgments and awards against persons insured in respect of third-party risks arising from motor vehicle accidents. It forms the backbone of the compulsory insurance regime, ensuring victims are compensated regardless of the insured owner's conduct, subject to certain conditions and defenses available to insurers.
Section 149 mandates that insurers must satisfy judgments and awards against insured persons for third-party liabilities, provided the policy was valid and in force at the time of the accident. Sub-section (2) enumerates defenses available to insurers, including breach of policy conditions such as driving without a valid license, violation of permit conditions, or policy cancellations. The section also provides mechanisms for insurers to recover payments from the insured if a breach is proved.
While Section 149 itself does not prescribe criminal penalties, violations related to driving without a valid license or violating permit conditions are punishable under relevant sections of the MV Act and IPC, such as Section 3 (driving without license) and Section 279 IPC (rash driving). Breach of statutory duties may lead to criminal liability, but the primary focus of Section 149 is on civil liability for insurance companies.
In summary, Section 149 of the MV Act underscores the insurer’s statutory obligation to pay third-party claims, with defenses narrowly circumscribed by law. Courts have consistently held that breach of policy conditions, especially relating to licensing and policy validity, are critical factors but must be proven as 'fundamental' breach contributing to the accident. The legal evolution favors victim protection while maintaining a balanced approach towards insurer's defenses, emphasizing proof, communication, and the object of social welfare legislation.
1[Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. -- (1) If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum not exceeding the sum assured payable thereunder, as if that person were the decree holder, in respect of the liability, together with
1[Rights of third party against insurers on insolvency of insured. ] --(1) Where under any contract of insurance affected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third party, then--
(a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors; or
(b) where the insured person is a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to the company or of a receiver or manager of the companys business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person hi
1[Duty to give information as to insurance. --(1) No person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on behalf of the person making the claim, refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof.
(2) In the event of any person becoming insolvent or making an arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding-up
1[Settlement between insurers and insured persons. --- (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement.
(2) The Claims Tribunal shall ensure that the settlement is bona fide and was not made under undue influence and the compensation is made in accordance with the payment schedule referred to in sub-section (1) of section 164.
(3) Where a person who is insured under a policy issued for the purpose of this Chapter has become insolvent, or where, if such insured person is a company, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured person af
1[Saving in respect of sections 151, 152 and 153. -- (1) For the purposes of sections 151, 152 and 153, a reference to "liabilities to third parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance.
(2) The provisions of sections 151, 152 and 153 shall not apply where a company is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company.
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1. Subs. by Act 32 of 2019, s. 51, for 'CHAPTER XI' (w.e.f. 1-9-2019).
1[Effect of death on certain causes of action. --Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925, (39 of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of such event against his estate or against the insurer.]
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1. Subs. by Act 32 of 2019, s. 51, for 'CHAPTER XI' (w.e.f. 1-9-2019).
1[Effect of certificate of insurance. -- When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then--
(a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and
(b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as betwee
1[Transfer of certificate of insurance. -- (1) Where a person, in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter, transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.
Explanation.--For the removal of doubts, it is hereby clarified that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.
(2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making n
Section 157 of the Motor Vehicles Act, 1988 (MV Act) is a pivotal provision governing the transfer of motor vehicles and the consequential liability of insurance companies. It establishes a statutory fiction that shields third-party victims from the consequences of administrative neglect by vehicle owners regarding policy transfers. The interpretation of this section has evolved through various judicial pronouncements, distinguishing sharply between third-party risks (where liability remains) and own-damage risks (where transfer requires explicit compliance). The following analysis elucidates the scope, ingredients, and legal implications of Section 157 based on established case law and statutory provisions.
Section 157 contains two primary sub-sections:1. Sub-section (1): Creates a statutory fiction. It deems the certificate of insurance and the policy described in it to be transferred in favor of the transferee (new owner) automatically from the date the motor vehicle's ownership is transferred, regardless of whether intimation was given to the insurer or the policy was physically updated.2. Sub-section (2): Imposes a procedural duty. It mandates that the transferee must apply to the insurer within 14 days of the vehicle transfer to make necessary changes in the certificate of insurance. The insurer is then bound to effect these changes but may refuse if valid grounds exist under the policy.
For the protection afforded by Section 157 to apply, the following legal elements are essential:* Transfer of Ownership: There must be a valid transfer of ownership of the motor vehicle from one person to another.* Existence of Valid Policy: An active insurance policy must have been in force on the vehicle at the time of transfer.* Timing of Accident: The accident or incident giving rise to the claim must occur after the transfer of ownership but during the subsistence of the original insurance period.* Nature of Risk: The claim must relate to third-party risks (liability for injury/death of others or damage to their property). The deemed transfer applies to these risks even without formal notice to the insurer.* Continuity of Policy: The insurance policy must not have expired or been legally cancelled prior to the transfer or the accident.
The scope of Section 157 is strictly delimited by judicial interpretation, primarily distinguishing between third-party indemnity and own-damage compensation.
Section 157 primarily establishes civil liability and procedural rights rather than imposing criminal punishment on the parties. However, non-compliance carries significant consequences:
[Production of certain certificates, licence and permit in certain cases. --(1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce.
(a) the certificate of insurance;
(b) the certificate of registration;
(c) the pollution under control certificate;
(d) the driving licence;
(e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and the permit; and
(f) any certificate or authorisation of exemption that has been granted under this Act, relating to the use of the vehicle.
(2) Where, owing to the presence of a motor vehicle in a public place, an accident occurs involving death or bodily injury to another person, if the driver of the vehicle does not
1[Information to be given regarding accident.-- The police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed.]
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1. Subs. by Act 32 of 2019, s. 51, for 'CHAPTER XI' (w.e.f. 1-9-2019).
1[Duty to furnish particulars of vehicle involved in accident. --A registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe.]
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1[Special provisions as to compensation in case of hit and run motor accident. -- (1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents.
(2) Subject to the provisions of this Act and the scheme made under sub-section (3), there shall be paid as compensation,--
(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government;
(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a
1[Scheme for golden hour. -- (1) Notwithstanding anything contained in the General Insurance Companies (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the insurance companies for the time being carrying on general insurance business in India shall provide in accordance with the provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour.
(2) The Central Government shall make a scheme for the cashless treatment of victims of the accident during the golden hour and such scheme may contain provisions for creation of a fund for such treatment.
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1. Subs. by Act 32 of 2019, s. 51, for 'CHAPTER XI' (w.e.f. 1-9-2019).
1[Refund in certain cases of compensation paid under section 161. -- (1) The payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer.
(2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle under any provision of this Act other than section 161 or
Section 163 of the Motor Vehicles Act, 1988 (MV Act) provides a framework for compensation claims arising from motor vehicle accidents. This section is particularly significant as it establishes a structured formula for compensation, facilitating quicker relief for victims without the need to prove negligence.
Section 163-A specifically outlines the provisions for compensation in cases of death or permanent disability resulting from motor vehicle accidents. It allows claimants to receive compensation based on a structured formula, which is primarily dependent on the income of the deceased or injured party.
While Section 163 itself does not prescribe punishment, it is part of a broader legal framework that includes penalties for non-compliance with the MV Act. Violations related to compensation claims may lead to legal repercussions for insurers or vehicle owners.
This commentary provides an overview of Section 163 of the Motor Vehicles Act, 1988, highlighting its significance in the context of motor accident claims and the legal framework surrounding compensation.
1[2A. e-cart and e-rickshaw.--(1) Save as otherwise provided in the proviso to sub-section (1) of section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw.
(2) For the purposes of this section, "e-cart or e-rickshaw" means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.]
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1. Ins. by Act 3 of 2015, s. 2 (w.e.f. 7-1-2015).
1[2B.Promotion of innovation.-- Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.]
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1. Ins. by Act 32 of 2019, s. 3 (w.e.f. 1-9-2019).
1[Payment of compensation in case of death or grevious hurt, etc. -- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person.
(3) Where,
Section 164 of the Motor Vehicles Act, 1988, establishes a statutory framework for the payment of compensation to victims or their legal heirs in cases of death or grievous hurt caused by motor vehicle accidents. It provides a no-fault liability mechanism aimed at ensuring prompt compensation without the need to prove negligence, thereby facilitating quicker relief to victims.
Section 164 mandates that the owner or authorized insurer of a motor vehicle is liable to pay compensation in cases of death or grievous injury resulting from accidents. It emphasizes the obligation of the insurer to settle claims promptly and provides procedural guidelines for filing claims, including time limits.
Section 164 itself does not prescribe punishment; it deals with compensation. Punishments for violations related to vehicle construction, maintenance, or insurance are covered under other provisions of the Act, such as Section 177 or Chapter XII penalties.
Note: The analysis is based on the provided sources, emphasizing the legal principles, judicial interpretations, and procedural aspects related to Section 164 of the MV Act.
(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.
Explanation.--For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under 1[section 164].
(2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it con
(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made--
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:
Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
< Section 166 of the Motor Vehicles Act, 1988 (MV Act) provides a framework for individuals to seek compensation for injuries or death resulting from motor vehicle accidents. This section is pivotal in ensuring that victims of road accidents can claim just compensation for their losses. Section 166 allows any person who has sustained injuries in an accident, or the legal representatives of a deceased person, to file a claim for compensation against the owner, driver, or insurer of the vehicle involved in the accident. The scope of Section 166 encompasses:- Claims for personal injuries.- Claims for death resulting from accidents.- Claims for loss of dependency and other related damages. Section 166 does not prescribe criminal penalties but focuses on civil liability for compensation. The liability is primarily on the owner and insurer of the vehicle involved in the accident. This commentary provides a comprehensive overview of Section 166 of the Motor Vehicles Act, 1988, highlighting its significance in the context of motor accident claims and the legal principles governing compensation.Legal Commentary on Section 166 of the Motor Vehicles Act, 1988
Introduction
What Section Says
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.
(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of 1[section 163] may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:
2* * * * *
(2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerne
(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.
Where in the course of any inquiry, the Claims Tribunal is satisfied that--
(a) there is collusion between the person making the claim and the person against whom the claim is made, or
(b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of 1[section 150], the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.
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1. Subs. by s. 56, ibid., for "section 149" (w.e.f. 1-4-2022).
Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.
(1) Any Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that--
(a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or
(b) any party or insurer has put forward a false or vexatious claim or defence,
such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward.
(2) No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees.
(3) No person or insurer against w
(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:
Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court:
Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than 1[one lakh] rupees.
Where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.
Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court.
A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:--
(a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications;
(b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter;
(c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal;
(d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and
(e) any other matter which is to be, or may be, prescribed.
Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to 1"five hundred rupees/", and for any second or subsequent offence with fine which may extend to 2"one thousand and five hundred rupees"..
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1. Subs. by Act 32 of 2019, s. 58, for one hundred rupees (w.e.f. 1-9-2019).
2. Subs. by s. 58, ibid., for three hundred rupees (w.e.f. 1-9-2019).
(1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees.
Explanation.--In this section, "pass" and "ticket" have the meanings respectively assigned to them in section 124.
(2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is--
(a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently,--
(i) fails or refuses to accept the fare when tendered, or
(ii) fails or refuses to supply a ticket, or
(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to 1[two thousand rupees].
(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he known to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 1[two thousand rupees], or with both.
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1. Subs. By s. 61, ibid
Whenever, being the owner or person in charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of five thousand rupees], or with both.
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1. Subs. by s. 62, ibid., for "which may extend to one thousand rupees" (w.e.f. 1-9-2019).
Whoever, drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of five thousand rupees], or with both.
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1. Subs. by s. 63, ibid., for "which may extend to five hundred rupees" (w.e.f. 1-9-2019).
(1) Whoever, being disqualified under this Act for holding or obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of ten thousand rupees] or with both, and any driving incence so obtained by him shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or
1[182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components.-- (1) Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both:
Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder.
(1) Whoever, drives 1[or causes any person who is employed by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable 2[in the following manner, namely:--
(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees;
(ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and
(iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) o
Whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public 1[or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,] having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term 2[which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both], and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two
Section 184 of the Motor Vehicles Act, 1988, is a penal provision aimed at deterring reckless and dangerous driving behavior on Indian roads. It emphasizes the importance of road safety by prescribing penalties for driving in a manner that endangers public safety. The provision aligns with the broader objectives of the MV Act to regulate vehicular movement, ensure safety, and prevent accidents caused by negligent driving.
Section 184 stipulates that:
"Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand but may extend to five thousand rupees, or with both, and for any second or subsequent offence if committed within three years of the previous offence, with imprisonment which may extend to two years or with fine which shall not be less than ten thousand rupees, or with both." [Source: ""]
The key ingredients of Section 184 include:- Driving a motor vehicle.- In a manner that is dangerous to the public.- Having regard to all circumstances including: - Nature and condition of the vehicle. - Place and time of driving. - Traffic conditions.- The act must be such that it endangers human life or personal safety.- The offence is punishable with imprisonment, fine, or both.- Repeat offences within three years attract enhanced penalties.
The scope encompasses:- Any form of dangerous driving, including excessive speeding, reckless overtaking, or driving under influence.- Acts that cause alarm or distress to other road users or pedestrians.- Situations where the driving manner is inconsistent with safety norms considering the circumstances (e.g., narrow roads, heavy traffic).- It applies to both private and commercial vehicles.- The provision is non-compoundable, indicating that offences under this section cannot be settled amicably and require prosecution.
The penalties for violating Section 184 are:- First offence: Imprisonment up to 1 year (minimum 6 months), or fine (minimum Rs. 1,000), or both.- Subsequent offences within three years: Imprisonment up to 2 years, or fine (minimum Rs. 10,000), or both.- The law emphasizes deterrence by prescribing minimum penalties.- The severity of punishment aims to discourage reckless driving and promote adherence to safety standards.
In summary, Section 184 of the MV Act is a critical legal instrument aimed at preventing dangerous driving behaviors that threaten public safety. It prescribes stringent penalties, emphasizes a comprehensive assessment of circumstances, and aligns with the overarching goal of safer roads. Its broad scope covers various reckless acts, and courts have consistently upheld its constitutionality and importance in road safety law enforcement.
Whoever, while driving, or attempting to drive, a motor vehicle,--
1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 2[or in any other test including a laboratory test,] or]
(b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.
shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both.
Section 185 of the MV Act criminalizes driving under the influence of alcohol or drugs, establishing it as a punishable offence to promote road safety and prevent accidents caused by impaired driving. The section reflects the legislative intent to enforce strict penalties against drunk driving, aligning with national road safety policies.
Section 185 states that:- Whoever, while driving or attempting to drive a motor vehicle,- Has in his blood alcohol exceeding 30 mg per 100 ml, as detected by a breath analyzer, or- Is under the influence of a drug to such an extent as to be incapable of exercising proper control,- Shall be punishable for the first offence with imprisonment for up to six months, or a fine up to Rs. 2,000, or both.- For subsequent offences within three years, the punishment extends to two years' imprisonment and a fine up to Rs. 3,000.
Note: This commentary synthesizes legal principles, case law, and policy insights from the provided sources to offer a comprehensive understanding of Section 185 of the MV Act.
Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to 1[one thousand rupees] and for a second or subsequent offence with fine which may extend to 2[two thousand rupees].
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1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019).
2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019).
Whoever fails to comply with the provisions of clause 1[(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with imprisonment for a term which may extend to 2[six months], or with fine 3[of five thousand rupees], or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to 4[one year], or with fine 5[of ten thousand rupees], or with both.
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1. Subs. by s. 70, ibid., for “(c)” (w.e.f. 1-9-2019).
2. Subs. by s. 70, ibid., for “three months” (w.e.f. 1-9-2019).
3. Subs. by s. 70, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019).
<Whoever abets the commission of an offence under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence.
Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to 1[three months], or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.]
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1. Subs. by s. 71, ibid., for “one month” (w.e.f. 1-9-2019).
2. Subs. by s. 71, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019).
3. Ins. by s. 71, ibid. (w.e.f. 1-9-2019).
(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine 1[of one thousand five hundred rupees] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property].
<[191. Sale of vehicle in or alteration of vehicle to condition contravening this Act.]--
Omitted by Act The Motor Vehicles (Amendment) Act, 2019 (32 of 2019), s. 73 (w.e.f. 1-9-2019).
1[192. Using vehicle without registration.--(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both:
Provided that the court may, for reasons to be recorded, impose a lesser punishment.
(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose:
Provided tha
1[192A. Using vehicle without permit-- (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with 2[imprisonment for a term which may extend to six months and] a fine 3[of ten thousand rupees] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than 4[six months] or with fine 5[of ten thousand rupees] or with both:
Provided that the court may for reasons to be recorded, impose a lesser punis
Section 192(a) of the MV Act addresses the offense of driving a motor vehicle in contravention of specified provisions, primarily focusing on the use of vehicles without proper registration. It establishes the criminal liability and prescribes penalties for such violations, playing a crucial role in regulating vehicle registration and ensuring road safety.
Section 192(a) makes it an offense for any person who drives or causes to be driven a motor vehicle in contravention of the provisions of the Act, particularly relating to registration, as outlined in Section 39. The section stipulates that such acts are punishable under the law, with penalties including fines and/or imprisonment.
In summary, Section 192(a) of the MV Act criminalizes the use of vehicles without proper registration, prescribing penalties that serve as a deterrent to illegal vehicle operation, thereby promoting road safety and regulatory compliance. The section's enforcement and judicial interpretation affirm its vital role within the broader legal framework governing motor vehicles in India.
193. Punishment of 1[agents, canvassers and aggregators] without proper authority.--Whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine 2[of one thousand rupees] and for any second or subsequent offence with imprisonment which may extend to six months, or with fine 3[of two thousand rupees], or with both.
4[(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made there under shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees.
(3) Whoever, while operating as an aggregator contravenes a condition of th
1[(1) Whoever drivers a motor vehicle or causes or allows a motor vehicle to be drives in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with 2*** fine 3[of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load.]
4[Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.]
4[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a
195. [Imposition of minimum fine under certain circumstances.]--Omitted by Act The Motor Vehicles (Amendment) Act, 2019 (32 of 2019), s. 80 (w.e.f. 1-9-2019).
Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable 1[for the first offence] with imprisonment which may extend to three months, or with fine 2[of two thousand rupees], or with both 1[, and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both.]
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1. Ins. by Act 32 of 2019, s. 81. (w.e.f. 1-9-2019).
2. Subs. by s. 81, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019).
Section 196 of the Motor Vehicles Act, 1988, is a penal provision that addresses the offense of driving or permitting the driving of a motor vehicle without valid insurance coverage. It emphasizes the importance of third-party liability insurance, which is a mandatory requirement under the MV Act, to protect victims of road accidents. This section plays a crucial role in ensuring road safety, legal compliance, and the protection of third-party rights.
Section 196 stipulates that:- Whoever drives a motor vehicle or causes/permits it to be driven in contravention of Section 146 (which mandates third-party insurance) shall be punishable with imprisonment for up to three months, or a fine of up to Rs. 2,000, or both.- The section also applies to the owner or person responsible for allowing the vehicle to be driven without insurance.
The key elements for the offense under Section 196 are:- The act of driving or causing/allowing a motor vehicle to be driven.- The violation of Section 146, i.e., driving without a valid insurance policy.- The driving must be in contravention of the statutory requirement for third-party insurance.- The act must be committed intentionally or negligently, with knowledge or awareness of the lack of insurance.
"Mandatory Insurance" - Section 196 enforces the compulsory requirement of third-party insurance for all motor vehicles to ensure victim protection [Section 196, MV Act].
"Offense of Driving Without Insurance" - It criminalizes the act of driving a vehicle without valid insurance, emphasizing the importance of compliance with Section 146 [Section 196, MV Act].
"Liability of Owner and Driver" - Both the owner and driver can be prosecuted if they permit or cause the vehicle to be driven without insurance, highlighting joint liability [Section 196, MV Act].
"Penal Provisions" - The section prescribes imprisonment up to three months and/or a fine up to Rs. 2,000, reflecting the severity of non-compliance [Section 196, MV Act].
"Scope of Application" - The section applies universally across all types of motor vehicles, including personal and commercial vehicles [Case Law & statutory interpretation].
"Permissive Allowance" - Allowing a vehicle to be driven without insurance, even if the owner is not the driver, can attract prosecution under Section 196 [Case Law].
"Vehicle Seizure and Penalty" - Vehicles driven without insurance are often seized, and the owner may face criminal proceedings, including penalties under Section 196 [Case Law & MV Rules].
"Legal Consequences" - Conviction under Section 196 leads to criminal record, imprisonment, and fine, affecting the owner’s and driver’s legal standing [Section 196, MV Act].
"Relation to Other Sections" - Section 196 is linked with Section 146, which mandates insurance, and violations of these provisions are punishable under criminal law [Section 146 & 196, MV Act].
"Offense of Causing or Allowing Uninsured Driving" - The section covers both the act of driving without insurance and permitting such driving, including negligent or reckless allowance [Section 196, MV Act].
"Legal Precedents" - Courts have consistently held that driving without insurance is a punishable offense, and mere passing of a cheque for premium does not suffice to exempt liability [Case Law].
"Enforcement and Deterrence" - The penalties aim to deter vehicle owners and drivers from violating insurance laws, thereby reducing road accident risks and ensuring victim compensation [Judicial Pronouncements].
"Prosecution of Owners and Drivers" - The investigating authorities are empowered to prosecute both the owner and the driver if found guilty of violating Section 146/196 [Section 196, MV Act].
"Vehicle Registration and Insurance Linkage" - The law mandates that only registered and insured vehicles are legally permitted on roads, with violations attracting penalties under Section 196 [Section 146 & 196, MV Act].
"Legal Ramifications of Non-Compliance" - Non-compliance leads to criminal liability, vehicle confiscation, and potential imprisonment, emphasizing the importance of adherence to the law [Case Law & Statutes].
"Role of Police and Magistrates" - Law enforcement agencies are authorized to seize vehicles and initiate prosecution under Section 196 for violations [Police & Court Orders].
"Impact on Insurance Claims" - Vehicles driven without insurance are ineligible for claims under third-party liability, affecting both victims and insurers [Case Law].
In conclusion, Section 196 of the Motor Vehicles Act, 1988, is a vital legal provision that underscores the importance of third-party insurance, penalizes violations, and aims to promote responsible vehicle ownership and safe driving practices. Its enforcement ensures that victims of road accidents are adequately protected and that legal compliance is maintained across all vehicle categories.
(1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine 1[of five thousand rupees], or with both.
Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor.
(2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine 1[of five thousand rupees], or with both.
Whoever otherwise than with lawful authority or reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable 1[with fine of one thousand rupees].
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1. Subs. by s. 83, ibid., for “with fine which may extend to one hundred rupees” (w.e.f 1-9-2019).
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other o
(1) Any offence whether committed before or after the commencement of this Act 1[punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, subsection (1) or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198,] may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf:
2[Provided that the State Government may, in addi
(1) Whoever keeps a 1*** vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to 2[five hundred rupees], so long as it remains in that position:
Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law.
3[Provided further that where the vehicle is removed by 4[an agency authorised by the Central Government or State Government, removal charges] shall be recovered from the vehicle owner or person in-charge of such vehicle.]
5[(2) Penalties or 6[remo
(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:
Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody.
1[(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.]
(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.
1[(1) A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185:
Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the commission of such offence.]
(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in sectio
(1) A person, who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a Laboratory test,--
(a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or
(b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so:
Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not.
(2) A person while at a hospital as an i
In any proceeding for an offence punishable under section 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.
(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code (45 of 1860), seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.
(2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of amotor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court taking cognizance of the offenc
(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle
(1) The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) under this Act,--
(i) may, if the offence is an offence punishable with imprisonment under this Act; and
(ii) shall, in any other case, state upon the summons to be served on the accused person that he--
(a) may appear by pleader or in person; or
(b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself:
Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so p
No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless--
(a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or
(b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or
(c) within twenty-eight days of the commission of the offence, a summons for the offence was served on him:
Provided that nothing, in this section shall apply where the Court is satisfied that--
(a) the failure to serve the notice or summons referred to in this sub-section was due to the fact th
Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to--
(a) the licensing authority which issued the driving licence, and
(b) the licensing authority by whom the licence was last renewed, and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed.
Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary:
Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full.
(1) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication.
(3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature.
(4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-
(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
(3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of the Act, by notification
(1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs.
(2) Notwithstanding anything contained in sub-section (1), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid unti
(1) The Central Government may, by notification in the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine.
(2) A State Government may, by notification in the Official Gazette, constitute for the State a State Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine.
(3) A State Government may, by notification in the Official Gazette, constitute District Road Safety Committee for each district in the State consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine.
(4) The Councils and Committees referred to in this sectio
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed.
(2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,--
(a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done or taken under the corresponding provision of this Act;
(b) any certificate of fitness or registration or l
1[1]Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in
that sub-section, any certificate of fitness or registration or licence or permit issued or granted under the
said enactments may be renewed under this Act.]
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1. Ins. by Act 27 of 2000, s. 5 (w.e.f. 11-8-2000).
1[25A. National Register of Driving Licences.---(1) The Central Government shall maintain a National Register of Driving Licences in such form and manner as may be prescribed.
(2) All State Registers of Driving Licences shall be subsumed under the National Register of Driving Licences by a date to be notified by the Central Government.
(3) No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences.
(4) All State Governments and licensing authorities under this Act shall transmit all information including contained data in the State Register of Driving Licences in such form and manner as may be prescribed by the Central Government.
(5) The State Governments shall be entitled to access the National Register and update thei
1[62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles.--(1) No registering authority shall register any motor vehicle that contravenes any rule made under clause (a) of sub-section (1) of section 110.
(2) No prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110.]
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1. Ins. by Act 32 of 2019, s. 25 (w.e.f. 1-9-2019).
1[62B. National Register of Motor Vehicles. --(1) The Central Government shall maintain a National Register of Motor Vehicles in such form and manner as may be prescribed by it:
Provided that all State Registers of Motor Vehicles shall be subsumed under the National Register of Motor Vehicles by such date as may be notified in the Official Gazette by the Central Government.
(2) No certificate of registration issued, or renewed, under this Act shall be valid unless it has been issued a unique registration number under the National Register of Motor Vehicles.
(3) In order to maintain the National Register of Motor Vehicles, all State Governments and registering authorities under this Act shall transmit all information and data in the State Register of Motor Vehicles to the Central Government in such form and manner as may be prescribed by the Central Governm
1[66A. National Transportation Policy.-- The Central Government may develop a National Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies with a view to--
(i) establish a planning framework for passengers and goods transportation within which transport bodies are to operate;
(ii) establish a medium and long term planning framework for all forms of road transport, identify areas for the development of transport improvement infrastructure across India in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and State level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system;
(iii) establish the framework of grant of permits and schemes;
(iv) establi
1[66B. No bar against permit holders to apply and hold licences under schemes.-- No person who holds the permit issued under this Act shall--
(a) be disqualified from applying for a licence under the scheme made under sub-section (3) of section 67 or sub-section (1) of section 88A by reason of holding such permit; and
(b) be required to get such permit cancelled on being issued a licence under any scheme made under this Act.]
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1. Ins. by Act 32 of 2019, s. 30 (w.e.f. 1-9-2019).
1[88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods.-- (1) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:--
(a) last mile connectivity;
(b) rural transport;
(c) improving the movement of freight, and logistics;
(d) better utilisation of transportation assets;
(e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency;
(f) the increase in the accessibility and mobil
1[110A. Recall of motor vehicles. --(1) The Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if--
(a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and
(b) a defect in that particular type of motor vehicle has been reported to the Central Government by--
(i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a motor vehicle component, the Central Government may, by order, direct a manufacturer to recall all motor vehicles which contain su
Section 110A of the Motor Vehicles Act, 1988, empowers the Central Government to recall motor vehicles that do not meet safety standards, ensuring road safety and compliance with prescribed standards. It is a crucial provision that facilitates regulatory oversight over vehicle safety and maintenance.
Section 110A authorizes the Central Government to issue orders directing manufacturers to recall motor vehicles if they are found to be unsafe or do not conform to safety standards. The section also provides for compensation claims arising from accidents caused by defective vehicles.
The scope includes:- Recall of motor vehicles that are unsafe or defective- Ensuring compliance with safety standards- Protecting consumers and road users from defective vehicles- Enabling the government to regulate vehicle safety post-sale- Extending to all manufacturers and types of motor vehicles covered under the Act
While Section 110A primarily deals with recall procedures and compensation, violations such as non-compliance with recall orders or safety standards may attract penalties under other provisions of the MV Act, including fines or imprisonment, depending on the severity of the breach.
Note: The references are based on the provided sources, primarily the Indian Kanoon and official summaries of the MV Act, which highlight the scope, purpose, and regulatory significance of Section 110A.
1[110B. Type approval certificate and testing agencies.-- (1) No motor vehicle, including a trailer or semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in India unless a type-approval certificate referred to in sub-section (2) has been issued in respect of such vehicle:
Provided that the Central Government may, by notification in the Official Gazette, extend the requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor vehicle:
Provided further that such certificate shall not be required for vehicles which are--
(a) intended for export or display or demonstration or exhibition; or
(b) used by a manufacturer of motor vehicles or motor vehicle components or a research and development centre or a test by
1[134A. Protection of Good Samaritans. --(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Explanation.--For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]
1[136A. Electronic monitoring and enforcement of road safety. --(1) The State Government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed by the Central Government.
(2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology.
Explanation.--For the purpose of this section the expression "body wearable camera" means a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.]
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1. Ins. by Act
1[164A. Scheme for interim relief for claimants. -- (1) The Central Government, may make schemes for the provision of interim relief to claimants praying for compensation under this Chapter.
(2) A scheme made under sub-section (1) shall also provide for procedure to recover funds disbursed under such scheme from the owner of the motor vehicle, where the claim arises out of the use of such motor vehicle or other sources as may be prescribed by the Central Government].
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1. Subs. by Act 32 of 2019, s. 51, for ‘CHAPTER XI’ (w.e.f. 1-9-2019).
1[164B. Motor Vehicle Accident Fund. -- (1) The Central Government shall constitute a Fund to be called the Motor Vehicle Accident Fund and thereto shall be credited--
(a) payment of a nature notified and approved by the Central Government;
(b) any grant or loan made to the Fund by the Central Government;
(c) the balance of the Fund created under scheme framed under section 163, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019; and
(d) any other source of income as may be prescribed by the Central Government.
(2) The Fund shall be constituted for the purpose of providing compulsory insurance cover to all road users in the territory of India.
(3) The Fund shall be utilised for the following, namely:--
(a) treatment
The Motor Vehicles Act, 1988, is a comprehensive legislation aimed at regulating all aspects of road transport vehicles in India. Among its various provisions, Section 164(B) specifically addresses the establishment of a Motor Vehicle Accident Fund, which is crucial for providing financial support to victims of road accidents.
Section 164(B) mandates the Central Government to constitute a Motor Vehicle Accident Fund. This fund is intended to provide compulsory insurance coverage for all road users in India, ensuring that victims of road accidents receive timely compensation and medical treatment.
The scope of Section 164(B) extends to all road users in India, ensuring that the fund is inclusive and provides necessary support irrespective of the circumstances of the accident. It also allows for the creation of rules to effectively manage and utilize the fund.
While Section 164(B) itself does not prescribe specific punishments, it is part of a broader legislative framework that includes penalties for non-compliance with the provisions of the Motor Vehicles Act.
1[164C. Power of Central Government to make rules. -- (1) The Central Government may make rules for the purposes of carrying into effect, the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the forms to be used for the purposes of this Chapter including,--
(i) the form of the insurance policy and the particulars it shall contain as referred to in sub-section (3) of section 147;
(ii) the form for making changes in regard to the fact of transfer in the certificate of insurance under sub-section (2) of section 157;
(iii) the form in which the accident information report may be prepared, the particulars it shall contain, the manner and the time for submitting the report to the Claims Tribunal and the other agency under section 159;
1[164D. Power of State Government to make rules. -- (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter other than the matters specified in section 164C.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the other authority under sub-section (5) of section 147; and
(b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.]
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1. Subs. by Act 32 of 2019, s. 51, for ‘CHAPTER XI’ (w.e.f. 1-9-2019).
1[177A. Penalty for contravention of regulations under section 118.--Whoever contravenes the regulations made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees.]
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1. Ins. by s. 59, ibid. (w.e.f. 1-9-2019).
1[182B. Punishment for contravention of section 62A.--Whoever contravenes the provisions of section 62A, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees.]
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1. Subs. by s. 65, ibid., for section 182A (w.e.f. 1-9-2019).
1[192B. Offences relating to registration.--(1) Whoever, being the owner of a motor vehicle, fails to make an application for registration of such motor vehicle under sub-section (1) of section 41 shall be punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher.
(2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher.
(3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embos
1[194A. Carriage of excess passengers.-- Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorised in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger:
Provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers.]
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1. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
1[194B. Use of safety belts and the seating of children.-- (1) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees:
Provided that the State Government, may by notification in the Official Gazette, exclude the application of this sub-section to transport vehicles to carry standing passengers or other specified classes of transport vehicles.
(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees.]
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1. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
1[194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders.-- Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months.]
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1. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
1[194D. Penalty for not wearing protective headgear.-- Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months.]
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1. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
1[194E. Failure to allow free passage to emergency vehicles.-- Whoever while driving a motor vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance or other emergency vehicle as may be specified by the State Government, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with both.]
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1. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
1[194F. Use of horns and silence zones.-- Whoever--
(a) while driving a motor vehicle--
(i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or
(ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or
(b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer,shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.]
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1. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
1[198A. Failure to comply with standards for road design, construction and maintenance.--(1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.
(2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B.
(3) For the purposes of sub-section (2), the court shall in particular have rega
1[199A. Offences by juveniles.--(1) Where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render such guardian or owner liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Explanation.-- For the purposes of this section, the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be.
(2) In addition to the penalty under sub-section (1), such guardian or owner
Section 199A of the Motor Vehicles Act, 1988, establishes the liability of guardians and vehicle owners for offences committed by minors or juveniles while operating motor vehicles. It aims to hold responsible parties accountable for juvenile traffic violations, thereby promoting vigilant supervision and compliance with traffic laws.
Section 199A stipulates that when a juvenile commits an offence under the MV Act, the guardian of the juvenile or the vehicle owner shall be deemed guilty of the offence. The section also provides for consequences such as cancellation of vehicle registration for 12 months and potential prosecution of guardians or owners, except in cases where the juvenile is a licensed driver.
The section applies specifically to offences committed by juveniles or minors under the MV Act, including violations such as unauthorized driving, driving without a license, or other traffic violations. It covers guardians and vehicle owners, emphasizing their role in preventing juvenile offences.
Note: The analysis relies on the provided sources, emphasizing the key legal principles, scope, and enforcement mechanisms related to Section 199A of the MV Act.
1[199B. Revision of fines.-- The fines as provided in this Act shall be increased by such amount not exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year from the date of commencement of the Motor Vehicles (Amendment) Act, 2019(32 of 2018), as may be notified by the Central Government.]
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1. Ins. by Act 32 of 2019, s. 85 (w.e.f. 1-9-2019).
1[210A. Power of State Government to increase penalties.--Subject to conditions made by the Central Government, a State Government, shall, by notification in the Official Gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine, shall be in force in such State and different multipliers may be applied to different classes of motor vehicles as may be classified by the State Government for the purpose of this section.]
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1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019).
1[210B. Penalty for offence committed by an enforcing authority.-- Any authority that is empowered to enforce the provisions of this Act shall, if such authority commits an offence under this Act, shall be liable for twice the penalty corresponding to that offence under this Act.]
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1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019).
1[210C. Power of Central Government to make rules.--The Central Government may make rules for--
(a) design, construction and maintenance standards for National highways;
(b) such other factors as may be taken into account by the Court under sub-section (3) of section 198A;
(c) any other matter which is, or has to be, prescribed by the Central Government.]
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1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019).
1[210D. Power of State Government to make rules.-- The State Government may make rules for design, construction and maintenance standards for roads other than national highways, and for any other matter which is, or may be, prescribed by the State Government.]
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1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019).
1[211A. Use of electronic forms and documents.--(1) Where any provision of this Act or the rules and regulations made there under provide for--
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Central Government or the State Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or
(c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing,issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the Central Government or the State Government, as the case may be.
1[215A. Power of Central Government and State Government to delegate.--Notwithstanding anything contained in this Act,--
(a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act;
(b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act.]
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1. Ins. by Act 32 of 2019, s. 92 (w.e.f. 1-9-2019).
1[215B. National Road Safety Board.--(1) The Central Government shall, by notification in the Official Gazette, constitute a National Road Safety Board consisting of a Chairman, such number of representatives from the State Governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the Central Government.]
(2) The National Board shall render advice to the Central Government or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,--
(a) the standards of design, weight, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment;
(b) the registration and licensing of motor vehicles;
(c) the formulation of standards for road safety, road infrastructu
1[215C. Power of Central Government to make rules.--(1) The Central Government may make rules for the purposes of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;
(b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213;
(c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (1) of section 215B;
(d) the other functions of the
1[215D. Power of State Government to make rules.-- (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter, other than the matters specified in section 215C.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A;
(b) the duties and functions of the officers of the Motor Vehicle Department, the powers to be exercised by such officers (including the powers exercisable by police officers under this Act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to
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