Motor Vehicles Act, 1988
ACT NO . 59 OF 1988
[14th October, 1988.]
An Act to consolidate and amend the law relating to motor vehicles.
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Read full 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.
Legal Comments
"Introduction" - The Motor Vehicles Act, 1988 (MVA) governs motor vehicle regulation, licensing, registration, permit regimes, and compensation for road-traffic injuries or fatalities; it extends nationwide.
"Scope of Section 1" - Section 1 introduces the Act’s short title, extent, and commencement, anchoring its territorial reach to the entire country.
"What Section 1 Says" - Section 1 establishes the Act's title and territorial extent, setting the foundational framework for interpretation of other sections.
"Essential ingredients" - Core elements include: applicability to all roads/vehicles; establishment of licensing, registration, permits; and allocation of schemes for compensation under later sections (e.g., 166/168/173).
"Punishment for Section" - Section 1 itself does not prescribe penalties; penalties arise under subsequent sections for offences (e.g., driving without license, violations of permits) and amendments; penalties vary by offence as per the Act and amendments.
"Legal framework for compensation" - The Act provides for compensation under Section 166 (claims by victims/ dependents) and Section 168 (loss of dependency), with courts applying Sarla Dixit-inspired formulas for dependency loss in appropriate cases. [Oriental Insurance Co. Ltd. VS Yashoda M - 2004 0 Supreme(P&H) 235], [Manager, United India Insurance Company Limited, Now represented by the Manager VS Shanthamma - 2011 0 Supreme(Kar) 372]
"Interplay with prior Acts" - In several matters, insurers’ liability and old vs. new Act (e.g., pendency of appeals under MV Act 1939 vs MV Act 1988) are considered; generally, MV Act 1988 governs current proceedings, though transitional provisions may apply. [Venkataswami Motor Service, Coimbatore VS C. K. Chinnaswamy and others - 1992 0 Supreme(Mad) 51]
"Legal Representatives and death" - Section 166(1)(a) claims by dependents can be affected on the claimant’s death; in some rulings, dependents can pursue pecuniary loss to estate or surviving legal representatives may have limited rights, depending on cause of death and nature of claim. [Saroj Sharma VS State of U. P. - Current Civil Cases (2014)]
"Contributory negligence and apportionment" - Courts sometimes reduce compensation when contributory negligence is established (e.g., 1/3 reduction where the deceased contributed); apportionment follows principles of preponderance of probabilities in civil negligence. [Khatijabi Mulla VS Oswald Cardozo - 2010 0 Supreme(Bom) 554], [KRISHNAPPA VS P. YENKATANARAYANA - 2000 0 Supreme(Kar) 197]
"Insurance liability" - Section 147(1) interpretations widen insurer liability to cover third-party injuries/deaths; cases discuss gratuitous passengers, excess persons, and works with Workmen’s Compensation Act where applicable. [UNITED INDIA INSURANCE CO. LTD VS JAHUR BEGUM - 2000 0 Supreme(Kar) 414], [NATIONAL INSURANCE COMPANY LIMITED, BANGALORE VS RASHEEDA - 1997 0 Supreme(Kar) 194], [Manager, United India Insurance Company Limited, Now represented by the Manager VS Shanthamma - 2011 0 Supreme(Kar) 372]
"Allowance for delays and condonation" - Section 173(1) delay in filing appeals requires showing 'sufficient cause'; courts have rejected delays lacking adequate explanation. [DIRECTOR, KARNATAKA GOVERNMENT INSURANCE DEPARTMENT VS GANGA - 2001 0 Supreme(Kar) 362], [Branch Manager, National Insurance Co. Ltd. VS Krishna Bahadur Chettri - 2018 0 Supreme(Sikk) 76]
"Grant of permits and countersignatures" - Section 88(1) and related rules govern inter-state/ enclave route permits; countersignature requirements are held valid and subject to judicial review on statutory interpretation. [Eastern Bus Owners Association VS State of Assam - 1998 0 Supreme(Gau) 259], [Gopalakrishna Moolya VS Secretary, Karnataka State Transport Authority, Bangalore - Current Civil Cases (2010)]
"Derivative actions and abatement" - Personal injury claims under Section 166 may abate on death, except pecuniary losses to the estate; contrary holdings recognize continuing claims for pecuniary loss by legal representatives where appropriate. [Saroj Sharma VS State of U. P. - Current Civil Cases (2014)]
"Pendency and transition issues" - Where an appeal or award arises under old Act, courts determine whether new Act or old Act applies; generally, MV Act 1988 governs current proceedings, with transitional alignment as needed. [Venkataswami Motor Service, Coimbatore VS C. K. Chinnaswamy and others - 1992 0 Supreme(Mad) 51]
"Multiplier for dependency loss" - Loss of dependency awards use age-based multipliers; courts apply Sarla Dixit-type methodology for future income and deductions, with adjustments for age and earning capacity. [Oriental Insurance Co. Ltd. VS Yashoda M - 2004 0 Supreme(P&H) 235]
"Premiums and liability for workmen" - In cases involving labourers or construction workers, insurance liability can extend to workers’ compensation-like outcomes, and sometimes special provisions (proviso) expand or limit insurer liability under Section 147(1). [New India Assurance Co. Ltd. VS Sita - 2004 0 Supreme(Raj) 1465], [Sreerangan VS New India Assurance Co. Ltd. - 2014 0 Supreme(Ker) 565]
"Registration and fitness certificates" - Renewal of vehicle certificates (RTO/testing stations) and related fitness certificates are regulated; improper renewal can invalidate fitness claims or lead to enforcement actions. [Shekhar Bhushan Nag VS State Of Bihar (Now Jharkhand) - 2006 0 Supreme(Jhk) 1029]
"Gratuity to dependents and breadwinner doctrine" - Awards in fatal cases consider the breadwinner concept; dependents such as married daughters or other kin can be eligible in appropriate scenarios under Sections 166 and the Fatal Accidents Act. [RAJESAB BANDAGISAB GENNUR VS SIDDALINGAYYA RUDRAYYA HIREMATH - 1996 0 Supreme(Kar) 615], [Tmt. Saroja & Others VS General Insurance Corporation of India & Others - 2002 0 Supreme(Mad) 701]
"Quantum calculations" - Courts frequently rely on established mathematical formulas for loss of dependency and consider future medical costs, attendant charges, and other heads; tribunals may rectify awards based on evidence. [Oriental Insurance Co. Ltd. VS Yashoda M - 2004 0 Supreme(P&H) 235], [Amal Das Chowdhury, son of late Kali Prasnna Das Chowdhury VS Subhas Shil, son of late Gouraanga Chandra Shil - 2017 0 Supreme(Tri) 105]
"Interplay with other statutes" - Courts reference Workmen’s Compensation Act and Insurance Act provisions (64VB) to interpret inter-loan liabilities and settlement concerns; not all deductions or settlements are automatically binding. [NATIONAL INSURANCE CO. LTD. VS MADHVA NAND - Consumer (2003)], [The Oriental Insurance Co. Ltd VS P. A. Davis - 2006 0 Supreme(Ker) 668]
"Stage carriage licensing limits" - Government orders restricting stage carriage licenses (e.g., to four-wheel buses) are deemed lawful within the regulatory framework. [Abdul Kareem VS Secretary, Regional Transport Authority, Malappuram - 2013 0 Supreme(Ker) 192]
"Conclusion" - Section 1 establishes the Act’s scope and framework; substantive rights and liabilities arise under later sections (166, 168, 173, 147, etc.), with judicial treatment focusing on fair compensation, insurer liability, and proper procedural adherence.
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 weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests;
(4) "certifi
Section 2 of the Motor Vehicles Act, 1988, provides the definitions of key terms used throughout the Act, establishing the scope and interpretation of various concepts related to motor vehicles, licensing, ownership, and liability. It forms the foundation for the application and enforcement of the Act's provisions, ensuring clarity and uniformity in legal interpretation.
Section 2 enumerates definitions of essential terms such as "Motor Vehicle," "Owner," "Driving Licence," "Transport Vehicle," "Goods Carriage," "Light Motor Vehicle," and others. These definitions clarify the scope of the Act and specify the criteria for various classifications, licensing requirements, and liabilities.
While Section 2 itself does not prescribe punishments, violations of the definitions—such as driving without proper licence, unregistered vehicles, or using vehicles outside their defined scope—are punishable under various sections of the Act (e.g., Sections 177, 179, 180), with penalties including fines, imprisonment, or both .
In summary, Section 2 of the Motor Vehicles Act, 1988, provides the essential legal framework for defining vehicles, ownership, licensing, and liability, which are critical for the enforcement of the Act's provisions. Proper classification, registration, and adherence to licensing requirements are fundamental to ensuring legal compliance and liability determination under the Act.
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.]
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.]
(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.
(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.
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.
(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[to drive a transport vehicle made] under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Governm
Section 8 of the Motor Vehicles Act, 1988, is a crucial provision that deals with the grant of learner’s licenses, which serve as a preliminary step towards obtaining a driving license. It establishes the framework for issuing learner’s permits, ensuring that applicants meet certain criteria before they are permitted to drive on public roads under supervision.
Section 8 provides the procedure for issuing learner’s licenses:- Sub-section (1) mandates that any person who is not disqualified under Section 4 and is not for the time being disqualified under the Act can apply for a learner’s license.- Sub-section (2) empowers licensing authorities to grant such licenses after satisfying themselves that the applicant fulfills the necessary conditions.- Sub-section (3) specifies the conditions for issuing learner’s licenses, including the requirement for medical fitness certificates.- Sub-section (4) states that the license shall be valid for a specified period, not exceeding six months.- Sub-section (5) prohibits issuance of learner’s licenses unless the applicant passes a prescribed test, which may include a written test or practical demonstration.
While Section 8 itself primarily deals with issuance, violations such as driving without a valid learner’s license or issuing a learner’s license without following proper procedures attract penalties under other sections:- Section 179: Penalty for contravention of licensing provisions.- Section 192: Penalty for driving without a valid license, which includes learner’s licenses.- Section 180: Penalty for making false statements or forging documents related to licenses.
Section 8 of the Motor Vehicles Act, 1988, provides a structured mechanism for issuing learner’s licenses, emphasizing applicant eligibility, testing, medical fitness, and limited validity. Its proper implementation ensures road safety and legal compliance. Violations attract penalties under various provisions, reinforcing the importance of adherence to statutory procedures and standards.
(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 test shall be necessary where the applicant produces proof to show that--
(a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the p
(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.
(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.
2[Provided that the licensing authority may, before issuing the license verify the identity of
(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 refusal to grant or renew such licences and appeals against the orders revoking such licences;
(g) condit
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 case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,--
(i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which suc
(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 relation to a learners licence.
(2) An application for the renewal of a drivin
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, provides the legal framework for the revocation of a driving license on grounds such as disease, disability, or other safety concerns. It aims to ensure road safety by empowering licensing authorities to revoke licenses that pose a risk to public safety.
Section 16 authorizes the licensing authority to revoke or suspend a driving license if it is found that the licensee suffers from a disease, disability, or condition that impairs their ability to drive safely. The section also details the procedure for revocation and the rights of the licensee to appeal against such orders.
Section 16 applies to all licensed drivers under the Motor Vehicles Act, 1988. It covers revocation on grounds of health-related issues, including physical or mental ailments, and extends to cases where the licensee is deemed unfit to operate a vehicle safely. The section also provides for the issuance of adapted licenses for drivers with disabilities.
While Section 16 itself deals with revocation and suspension, failure to comply with the revocation order or driving with a revoked/suspended license constitutes an offense under Section 177 of the Act, which can lead to penalties, including fines or imprisonment.
In summary:
This concise legal commentary underscores the importance of health-based revocation provisions under Section 16, ensuring road safety while safeguarding the rights of licensees through procedural fairness.
(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 whom a driving licence is issued as that Govern
(1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he--
(a) is a habitual criminal or a habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(c) is using or has used a motor vehicle in the commission of a cognizable offence; or
(d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or
(e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or
(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or
(g) has failed to submit to
(1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence:
Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence.
(2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable to clause (c) of sub-sect
(1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended--
(a) for a period of six months from the date on which the case is registered, or
(b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.
(2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspensio
Section 21 of the Motor Vehicles Act, 1988, deals with the suspension of driving licenses in specific circumstances, primarily focusing on cases involving prior convictions or violations of traffic rules. It aims to regulate the conduct of drivers to ensure road safety and enforce legal penalties for violations.
Section 21 provides for the suspension of a driving license in cases where a person has been previously convicted of an offence punishable under the Act or related laws. It empowers licensing authorities and courts to suspend licenses for a period, typically six months, upon certain violations or convictions. The section also delineates the procedure and circumstances under which such suspension can occur.
This concise commentary underscores the significance of Section 21 as a regulatory mechanism to uphold road safety, enforce penalties, and maintain discipline among drivers. It balances administrative powers with procedural safeguards, ensuring that suspension orders are issued following due process while emphasizing the legal consequences of violations.
(1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person in so far as it relates to that class or description of motor vehicle.
(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person.
(3) If a driving licence is cancelled or suspended under this section, the Court sha
(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 all the circumstances, either cance
(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed.
(2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted.
(3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving
(1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement.
(2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then--
(a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix; or
(b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority, and if the driving licence is not produced within the time sp
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 their records in such manner as may be prescribed by the Central Government.]
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[printed copy or copy in such other form as the Central Government may require] of the State Register of Driving Licences and shall inform the Central Government without delay of all additi
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 under sub-section (6) of section 8;
(db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;]
(e) providing for the form in
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;
(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees:
Provided that no fee so fixed shall exceed twenty-five rupees;
(c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;
(d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges;
(e) the fee payable for the issue of a medical
(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 particulars as may be prescribe
(1) No person under the age of eighteen years shall hold, or be granted, a conductor's licence.
(2) The licensing authority may refuse to issue a conductor's licence--
(a) if the applicant does not possess the minimum educational qualification;
(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and
(c) if any previous conductor's licence held by the applicant was revoked.
A conductor's licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence:
Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.
(1) Where a licensing authority refuses to issue or renew, or revokes any conductor's licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.
(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor's licence:
Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.
(2) Upon the issue of any such order, the holder of the conductor's licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed.
(3) Where the authority disqualifying the holder of a conductor's licence under this section is not the authority whic
(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) the form in which conductor's licences may be issued or renewed and the particulars it
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.
(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 prescribed by the Central Government.
(3) The registering authority shall issue 2[a certifica
Legal Comments
"Section 41(6) applicability" - Tender rejection cases show Section 41(6) used to scrutinize pre-qualification criteria in tenders; courts emphasize distinction between essential conditions and formalities, rejecting arbitrary rejects - ["Indian Oil Corporation Limited VS Ganesh Movers And Logistics (p) Ltd. "]
"Strict compliance with tender terms" - Courts uphold rejections where bidders fail to meet explicit tender criteria (e.g., smart card submission with registration) illustrating the necessity of strict compliance under MV Act provisions - [ "Indian Oil Corporation Limited VS Ganesh Movers And Logistics (p) Ltd. ", "Satyajit Panda VS Indian Oil Corporation Limited" ]
"Pre-qualification vs essential condition" - Jurisprudence differentiates between formalities and essential eligibility; waivers are generally disfavored unless malafide or policy overrides exist - [ "Indian Oil Corporation Limited VS Ganesh Movers And Logistics (p) Ltd. ", "Shimnit Utsch India Pvt. Ltd. VS West Bengal Transport Infrastructure Development Corporation Ltd. " ]
"HSRP-related enforcement" - High Security Registration Plates schemes upheld; state/central coordination required; non-compliance by states can lead to contempt, reinforcing 41(6) and Rule 50 interplays - [ "Tedi (India) Private Limited, Represented By Its Director Shri. Elumalai Jayaraman vs Union Of India, Represented By Secretary, Ministry Of Road Transport And Highways, New Delhi", "Maninderjit Singh Bitta VS Vijay Chhibber" ]
"Registration and insurability linkage" - Insurance liability often hinges on proper registration, valid license, and route/permit status; misalignment can lead to insurer non-liability or reduced liability, with courts insisting on proper proof of documents - [ "Bhawani Singh VS Dhan Dev", "Regional Manager National Insurance Co. Ltd. VS Dalbeer Chand", "Malkiat Kaur VS Balwinder Singh" ]
"Cross-objections and enhancement of awards" - Under MV Act appeals, cross-objections are maintainable; appellate courts may enhance compensation under Order 41 Rule 33 even without cross-objection, subject to limitations - [ "NEW INDIA ASSURANCE CO. LTD. VS GUDDI", "Radha Jain W/o Late Sanjay Kr. Jain VS New India Assurance Co. Ltd. " ]
"Liability of insurer and driver identity" - In fatal/serious accidents, establishing the correct driver and their license status is critical; insurer liability tied to valid license and compliance with policy terms - [ "Bhawani Singh VS Dhan Dev", "Oriental Insurance Company Limited VS Seeta Devi" ]
"Temporary registrations and penalties" - Temporary registration and penalties under MV Act sections 41 and 41(8)/41(11) require careful reading; some courts find penalties limited to Rs 100 under 41(11) while requiring renewal under 41(8) - [ "Praicy Joseph W/o Joy George VS Regional Transport Officer (Registration Authority), Ernakulam", "SATYA NARAYAN DAS VS GOVT. OF INDIA" ]
"Registration marks display and vehicle insurance" - Mandatory display of registration marks per 41(6) and Rules 50/51 interplays with insurance coverage; non-display or non-registration can affect insurance/claims - [ "Nyayabhoomi VS Govt. of NCT of Delhi" ]
"Judicial restraint in tender disputes" - Public interest and policy coherence may justify canceling tenders or altering terms in light of overriding public interest; courts caution against injunctive interference in tender grants to avoid cost/inefficiency - [ "Shimnit Utsch India Pvt. Ltd. VS West Bengal Transport Infrastructure Development Corporation Ltd. " ]
"Ambulance classification and permits" - Misclassification of ambulances and lack of fitness certificates can lead to regulatory non-compliance, with courts underscoring the need to adhere to MV Act provisions for service vehicles - [ "V. N. Dharmakrishnan VS Deputy Commissioner of Transport, Madurai" ]
"Registration transfer and insurable interest" - Transfer of vehicle ownership affects insurable interest; where ownership transfers before accident, insurer may deny claims if insurable interest is lacking at the time of loss - [ "Oriental Ship Agency VS Oriental Insurance" ]
"Appeals and limitations on quantum review" - Courts balance upholding tribunal determinations with ability to modify compensation in light of Supreme Court precedents (Pranay Sethi, Magma, etc.) via Order 41 Rule 33 and related provisions - [ "Radha Jain W/o Late Sanjay Kr. Jain VS New India Assurance Co. Ltd. ", "Managing Director, Tamilnadu Transport Corporation Ltd. , Others Karaikudi VS Sumathi" ]
"Seizure legality under MV Act" - Vehicle seizures by RTAs under Sections 39-41 require careful adherence; illegality/arbitrariness in seizure can shift liability away from affected parties - [ "REGIONAL TRANSPORT OFFICER, MEENAMBAKKAM VS C. BABU" ]
"Temporary vs permanent registration consequences" - Jurisdictional considerations in temporary registrations (Rule 95/Form 20) affect eligibility to participate in tenders and subsequent use of vehicles - [ "Tedi (India) Private Limited, Represented By Its Director Shri. Elumalai Jayaraman vs Union Of India, Represented By Secretary, Ministry Of Road Transport And Highways, New Delhi" ]
"Contributions of MV Act to compensation jurisprudence" - MV Act provisions (Section 166, 173, 168) guide quantum of compensation, including future prospects, dependency, and special heads (funeral, loss of estate, love/affection); courts repeatedly apply SC precedents (Pranay Sethi, Magma, Sarla Verma) - [ "SHANTAVVA W/O LATE GADIGEPPA AWARI @ ELIVAL VS ANAND S/O VIRUPAKSHAPPA BALLARI", "Taro Devi VS Surinder Batra", "Managing Director, Tamilnadu Transport Corporation Ltd. , Others Karaikudi VS Sumathi" ]
"Ambiguity in driving licenses in claims" - Courts require robust proof of driving license validity; deficiencies can lead to remand for fresh consideration when license proof is produced on record - [ "Malkiat Kaur VS Balwinder Singh" ]
"Cross-supporting authority on tender conditions" - Supreme Court precedents recognize state latitude to modify tender terms due to changing circumstances, provided actions are not arbitrary or malafide - [ "Shimnit Utsch India Pvt. Ltd. VS West Bengal Transport Infrastructure Development Corporation Ltd. " ]
"Conclusion" - Section 41 anchors registration-related eligibility, tender integrity, and subsequent liability/policy interactions; the line between essential eligibility and procedural formalities governs outcomes across tenders, registrations, insurance, and compensation awards - [ various sources above ]
.(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
(
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.]
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.]
Section 44 of the Motor Vehicles Act, 1988, is a pivotal provision that deals with the production of vehicles at the time of registration, ensuring compliance with safety and regulatory standards. It forms a crucial part of the registration process, which is essential for legal road use and enforcement of safety norms.
Section 44 mandates that a motor vehicle must be produced before the registering authority for registration under terms and conditions prescribed by the Central Government. It emphasizes that no vehicle shall be registered unless it complies with the prescribed standards, which include safety, construction, and other regulatory requirements.
While Section 44 itself does not specify a direct punishment, non-compliance can lead to:- Refusal of Registration: Vehicles not produced or not complying with standards cannot be registered legally.- Legal Penalties: Under other provisions of the Act, such as Section 179, driving unregistered vehicles or vehicles not complying with registration norms can attract fines, penalties, or imprisonment.- Invalidity of Use: Vehicles not registered or not complying with norms cannot be used legally on public roads.
In conclusion, Section 44 of the Motor Vehicles Act, 1988, acts as a cornerstone for ensuring that vehicles are registered only after meeting prescribed safety and construction standards, thereby promoting road safety, regulatory compliance, and legal certainty. Non-compliance can lead to registration refusal and penalties, reinforcing the importance of adherence to statutory requirements.
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 registered post acknowledgement due to the registering authority referred to
(1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration.
(2) The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be presc
(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 with the electronic form of such documents, including proof of authentication in such manner as may be prescri
(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,--
(a) the transferor shall,--
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and
(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)--
(A) the no objection certificate obtained under section 48; or
(B) in a case where no such certificate has been obtained,--
(I) the receipt obtained under sub-section (2) of section 48; or
(II) the postal acknowledgement receive
(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].
(3) Any entry made under sub-section (1) or sub-section (2), may b
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 in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such
(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
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.
(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 the registered axle weights pertaini
(1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder:
Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from
(1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be registered otherwise under this Act.
(2) The authority registering a vehicle under sub-section (1) shall assign a registration mark in accordance with the provisions contained in the rules made in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered under this
(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.
Legal Comments
Introduction - Section 61 of the Motor Vehicles Act, 1988 governs registration-related aspects applicable to trailers attached to motor vehicles and interacts with registration, transfer, and hypothecation processes. [Natwar Parikh & Co. LTD. VS State of Karnataka]
Nature of Section - Section 61 focuses on application of the registration framework to trailers and ancillary vehicle configurations, ensuring proper display of registration marks and compliance when trailers are attached to drawing vehicles. [Chairman, Rajasthan State Road Transport Corporation VS Santosh]
Essential ingredients - (i) Trailer as a motor vehicle under Section 2(28); (ii) requirement of registration for trailers under Section 61; (iii) display of registration marks on the trailer when attached to a drawing vehicle; (iv) permissibility of transfer or termination of hire-purchase/hypothecation endorsements with Form 35/Form 36 procedures under Rule 61. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [UNITED INDIA INSURANCE CO. LTD. VS HUSSAIN SAB]
Scope of Section - The provision aligns with Chapter IV on registration and Chapter V on control of transport vehicles, ensuring that trailers are treated within the MV Act’s broad vehicle regime and that related endorsements (hypothecation, transfer, etc.) are processed in a compliant, statutory manner. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [Chairman, Rajasthan State Road Transport Corporation VS Santosh]
Hypothecation and transfer interplay - Rule 61 and Section 51(3)/(5) contemplate termination of hire-purchase/hypothecation and issuance of fresh certificates; Section 61 does not permit withholding cancellation/endorsement solely on account of arrears unless other statutory conditions apply. Courts have stressed that registration actions must follow proper procedure, including objections from owners. [S. G. Pandu VS United India Insurance Company Ltd. , Tumkur], [Chairman, Rajasthan State Road Transport Corporation VS Santosh]
Transfer of ownership and registration - For intra-state transfers, Section 50 and Rule 55 require reporting of transfer and processing of Form 29/Form 30; the registering authority must consider representations and not withhold transfer as a precondition for payment of arrears, subject to compliance with requirements. [Samsadkhan Pathan S/o Babubkhan Pathan VS State Of Gujarat], [Chairman, Rajasthan State Road Transport Corporation VS Santosh]
Trailer-defining jurisprudence - Courts have treated trailers as separate motor vehicles under MV Act, with corresponding responsibilities for registration, insurance, and permits where applicable, while also recognizing the attached trailer can impact the classification of the overall transport vehicle for regulatory purposes. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [Liyakat Ali VS Chunni Devi]
Insurance and liability implications - Where a tractor-trailer is involved, insurance liability considerations require treating the trailer as a vehicle with its own registration/endorsements; downstream liability may extend to both owner and insurer depending on policy terms and Section 149(2) defences. [Liyakat Ali VS Chunni Devi], [UNITED INDIA INSURANCE CO. LTD. VS HUSSAIN SAB]
Enforcement and policy boundaries - Section 115 (MV Act) cannot be invoked to justify arbitrary restrictions unrelated to the Act’s scheme; constitutional and reasonableness principles govern administrative action affecting movement of goods, including trailer-related allowances, endorsements, and transfers. [Bihar Truck Owner Association Having Its Office At Shiv Puram Road No. -1, Vijay Nagar Rukunpura, Bailey Road, Patna VS State Of Bihar Through The Chief Secretary, Old Secretariat Government of Bihar, Patna]
No automatic bar for transfer due to arrears - The statutory framework under Section 50, Rule 55, and Section 51 indicates transfer/endorsement actions can proceed with arrears addressed separately; arrears cannot automatically block registration-related relief, absent specific statutory preconditions. [Samsadkhan Pathan S/o Babubkhan Pathan VS State Of Gujarat], [Chairman, Rajasthan State Road Transport Corporation VS Santosh]
Litigation guidance on misrepresentation issues - Where a trailer endorsement is contested (e.g., whether a trailer was attached and whether it affected insurance coverage), courts scrutinize non-disclosure of material facts under Section 149(2), often allowing “pay and recover” where third-party claims are involved. [Liyakat Ali VS Chunni Devi], [UNITED INDIA INSURANCE CO. LTD. VS HUSSAIN SAB]
Procedural due process - The registering authority must consider objections, provide opportunities for representations, and ensure that actions under Section 51/61 are not vitiated by silent or unexplained decisions, as seen in cases where failure to consider representations invalidates orders. [NINGE GOWDA VS REGIONAL TRANSPORT OFFICER , REGISTERING AUTHORITY, MYSORE], [National Insurance Company Limited VS Pareshbhai Harshadbhai Brahmbhatt]
Interaction with hypothecation cancellation - Section 51(3) and Rule 61 contemplate termination of hire-purchase/hypothecation with Form 35; transfer/cancellation must be processed notwithstanding unrelated arrears, so long as forms and fees are properly complied with. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [S. G. Pandu VS United India Insurance Company Ltd. , Tumkur]
Case-law snapshot - Indian courts have repeatedly held that trailers are within MV Act’s ambit, that registration-related endorsements must follow due process, and that insurance liability in tractor-trailer scenarios depends on factual and contractual specifics, including whether the trailer had separate registration/insurance. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [Liyakat Ali VS Chunni Devi], [UNITED INDIA INSURANCE CO. LTD. VS HUSSAIN SAB]
Administrative efficiency expectation - The MV Act contemplates streamlined, rule-based procedures (Form 35/Form 36; Form 29/30) to avoid abuse and ensure timely updates to RC books and endorsements in the context of hire-purchase arrangements and transfers. [S. G. Pandu VS United India Insurance Company Ltd. , Tumkur], [Samsadkhan Pathan S/o Babubkhan Pathan VS State Of Gujarat]
Public interest rationale - Proper registration of trailers and accurate endorsements promote road safety, prevent fraud in registration, and ensure accurate tax/permit/insurance compliance as part of the broader regulatory framework. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [National Insurance Company Limited VS Pareshbhai Harshadbhai Brahmbhatt]
Practical takeaway - For practitioners, Section 61 mandates adherence to trailer-related registration rules, emphasizes that endorsements must reflect true ownership and financing arrangements, and that transfers/terminations should follow the prescribed Form-based processes without allowing arrears alone to stall legitimate registration actions. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [S. G. Pandu VS United India Insurance Company Ltd. , Tumkur]
Note on limitations - The provided sources focus largely on registration, hypothecation, and insurance intricacies; precise textual quotations of Section 61 are not repeatedly reproduced, but the cited cases illuminate its practical application and interplay with related sections. [Chairman, Rajasthan State Road Transport Corporation VS Santosh], [S. G. Pandu VS United India Insurance Company Ltd. , Tumkur]
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.
Legal Comments
"Temporary permits" - Section 62(1) limits grant/extension of temporary permits; cannot be issued successively beyond permissible periods - [MOHD SAGIR VS REGIONAL TRANSPORT AUTHORITY ALIGARH THROUGH ITS CHAIRMAN ]
"Non-hearing of existing operators" - Act 1988 lacks explicit provisions for existing operators to object at initial permit consideration; remedies exist but may be limited - [MOHD SAGIR VS REGIONAL TRANSPORT AUTHORITY ALIGARH THROUGH ITS CHAIRMAN ]
"Revision remedy" - Where temporary permits abuse is alleged, established remedy is to file a revision under Section 90 before the State Transport Appellate Tribunal - [MOHD SAGIR VS REGIONAL TRANSPORT AUTHORITY ALIGARH THROUGH ITS CHAIRMAN ]
"Over‑grant prohibition" - Repeated or extended temporary stage carriage permits violate statutory framework; limits on successive grants are recognized - [MOHD SAGIR VS REGIONAL TRANSPORT AUTHORITY ALIGARH THROUGH ITS CHAIRMAN ]
"Inter‑state route overlaps" - Interventions in temporary permits may arise where routes overlap notified inter‑state routes; need adherence to Section 62/87 framework and timely tribunal orders - [P. S. Saleema Bee VS Secretary, State Transport Authority, A. P. , Hyderabad]
"Fitness Certificate relevance" - A valid Fitness Certificate is linked to registration and permit; absence constitutes a breach that can support compensation recovery against owner - [National Insurance Company Limited VS Mahipal]
"Ambulances and permits" - Ambulance operations require proper permits/fitness; mere illness of legal validity undermines petitions and affects maintainability - [V. N. Dharmakrishnan VS Deputy Commissioner of Transport, Madurai]
"Certificate of Fitness – financing" - Court held no obligation to present No Objection Certificate from financiers for issuance/renewal of fitness certificate; Rule 62/56 govern such requirements; NOC from financiers not required - [SATYA DEV SOOD VS STATE OF H. P. ]
"Pay and recover doctrine" - Insurance pay-and-recover applies when a subsisting policy covers the risk and policy conditions are violated; insurer may be liable to pay and recover from owner unless breach is fundamental - [Bharti AXA General Insurance Co. Ltd. , Doddaanekundi, Bangalore VS Narasimman]
"Insurance liability in no‑fault/no‑license cases" - Insurance Company liability can extend to third parties where driver lacked license or policy conditions breached; initial burden on insurer to prove absence of license, with recovery from owner where applicable - [Bajaj Allianz General Insurance Co. Ltd. VS V. Dukkaiammal]
"Light vs. goods vehicle licence" - A driver with a licence for light motor vehicle is treated as authorised to drive light goods vehicle; avoids automatic recovery rights against insurer for lack of endorsement - [KULWANT SINGH VS ORIENTAL INSURANCE COMPANY LTD. ]
"Section 140 interim compensation" - Interplay of Section 140 and insurance: insurer may be liable to pay interim compensation; final liability assessed later under 140/166 framework - [Bihar Truck Owner Association Having Its Office At Shiv Puram Road No. -1, Vijay Nagar Rukunpura, Bailey Road, Patna VS State Of Bihar Through The Chief Secretary, Old Secretariat Government of Bihar, Patna], [Kanhai Rai VS Dharampal], [NARBADA VS RAJNI KANTA]
"Section 166/163-A interplay" - For death claims under Section 166, dependants/representatives may claim; Section 163-A claims must still align with Second Schedule limits; pay/adjustments occur per jurisprudence - [Hem Raj Goyal VS Reliance General Insurance Company Ltd. ], [Branch Manager, United India Insurance Company Limited, Dindigul VS M. Priya]
"Replacement of vehicle under permit" - Replacement of vehicle under permit requires permission and same nature; central vs state authority balance; Rule 174(2)(c) commitments not to override central fitness/fixity powers - [Regional Transport Authority VS Shaju Etc. ]
"Rule 62/63 interpretation" - Fitness certification framework: Rule 62 (fitness validity), Rule 63 (Authorized Testing Stations) and Form 39 LoA govern eligibility; state cannot override central testing regime via unilateral local rules - [Hem Raj Goyal VS Reliance General Insurance Company Ltd. ], [Mahadev Fitness Center VS State of Rajasthan, Through its Secretary, Department of Transport, Government of Rajasthan], [Mahadev Fitness Center VS State of Rajasthan]
"Arbitrariness and Article 14" - Delegated restrictions on movement/weight require rational nexus; Bihar/Bihar-like notification struck down for arbitrariness under Article 14; MV Act limits on state action; minimum non-arbitrary standard upheld - [Bihar Truck Owner Association Having Its Office At Shiv Puram Road No. -1, Vijay Nagar Rukunpura, Bailey Road, Patna VS State Of Bihar Through The Chief Secretary, Old Secretariat Government of Bihar, Patna]
"Threshold for temporary permits" - Earlier Supreme Court guidance (Madhya Pradesh Upadhyaya line) permits temporary permits for legitimate needs, but not to abuse process; four-month cap is standard, with exceptions for exceptional cases up to one year - [Mehmood (Deceased) through LRs VS Faij], [Smt. Pushpa alias Leela VS Smt. Shakuntla]
"Section 56/Rule 62 interplay" - Certificate of Fitness validity is determined by testing stations and registering authorities; dual framework ensures testing capacity without forced cross-signature constraints on all certificates - [Meghalaya Commercial Truck Owners and Operator Association Represented by its President Shri Augustine Shanpru VS State of Meghalaya represented by the Chief Secretary, The Principal Secretary, Govt. of Meghalaya Transport], [Mahadev Fitness Center VS State of Rajasthan, Through its Secretary, Department of Transport, Government of Rajasthan]
"Public interest/Public policy and governance" - Courts emphasize governance duty to implement statutes; unlawful/overbroad regulatory measures undermine statutory structure under MV Act - [Bihar Truck Owner Association Having Its Office At Shiv Puram Road No. -1, Vijay Nagar Rukunpura, Bailey Road, Patna VS State Of Bihar Through The Chief Secretary, Old Secretariat Government of Bihar, Patna]
"Interplay with other statutes" - Where MV Act interacts with tax, registration, and other state acts, courts clarify who bears liability (registered owner vs financier) under different statutory contexts - [Amar Nath Chaubey VS State of U. P. ], [Tata Motors Limited VS State of Jharkhand]
"Claimant representation and dependency" - In death claims under Section 166, claimants who are legal representatives can be entitled to compensation for loss of dependency, guided by age, income, and the estate; quantum must reflect actual dependency and not mere representation - [New India Assurance Co. Ltd. VS Antaryami Purohit], [02100102570], [Branch Manager, United India Insurance Company Limited, Dindigul VS M. Priya]
"Fitness breach as prima facie recoveries" - Absence of fitness certificate is a fundamental breach that supports immediate recovery of awarded sums from the vehicle owner or insurer, depending on the case; not a mere technical defect - [National Insurance Company Limited VS Mahipal]
"Policy terms and third-party injuries" - Where third parties are injured by insured vehicles, policy breaches (non‑compliance with conditions) may still require insurer to indemnify, with pay-and-recover reference where appropriate - [New India Assurance Co. Ltd. VS Yallavva W/o Yamanappa Dharanakeri], [Bharti AXA General Insurance Co. Ltd. , Doddaanekundi, Bangalore VS Narasimman]
Note: Points above synthesize the provided sources relevant to Section 62 and surrounding Motor Vehicles Act provisions, focusing on temporary permits, fitness and permits, insurance liability, and related enforcement/Judicial interpretations. Where specific details for a point were unavailable in the sources, that point has been omitted. References are provided in square brackets after each entry.
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.]
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 Government.
(4) State Governments shall be able to access the National Register of
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 such register made from time to time.
(3) The State Register of Motor Vehicles shall
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
(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:
Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:
Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:
Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicl
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;
(b) be required to get such permit cancelled on being issued a licence under any scheme made under this Act.]
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 fares or freights shall be inclusive of the tax payable by the passenger
(1) The State Government shall, by notification in the Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities:
Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Aut
(1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:
Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:
Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business.
(2) Notwithstanding anything contained in sub-section (1)
(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 arrang
(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 carriages generally or of any specified type, as may be fixed and specified in the notification, operating on
(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;
(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.
Section 73 of the Motor Vehicles Act, 1988, provides the procedural framework for applying for a contract carriage permit, which is essential for the lawful operation of certain commercial vehicles on specified routes. It is a vital provision that regulates the grant of permits to ensure orderly transportation and compliance with statutory requirements.
Section 73 mandates that any person or entity seeking a permit for a contract carriage must submit an application containing specific details such as vehicle type, seating capacity, and area of operation. The application is to be made to the Regional Transport Authority (RTA), which considers the application as per prescribed procedures and conditions. The section also empowers the RTA to attach conditions to the permit, including restrictions on the area of operation and standards of service.
Section 73 of the Motor Vehicles Act, 1988, establishes a clear statutory framework for applying, considering, and granting contract carriage permits. It emphasizes transparency, adherence to prescribed procedures, and the discretion of the RTA within statutory limits. The section safeguards the rights of applicants while enabling the State to regulate transportation in the public interest, ensuring compliance with legal standards and principles of natural justice.
**- [Section 73, Motor Vehicles Act, 1988]- [Section 74, Motor Vehicles Act, 1988]- [Case law and judicial interpretations as cited in the sources]
(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 are
Section 74 of the Motor Vehicles Act, 1988, is a pivotal provision governing the grant of permits for contract carriage and other categories of motor vehicles used for transportation. It delineates the powers of Regional Transport Authorities (RTAs) to issue permits, attach conditions, and regulate the operation of vehicles in accordance with statutory and procedural norms. The section aims to balance public interest, road safety, and the rights of vehicle operators.
Section 74 empowers the Regional Transport Authority to grant, refuse, or modify permits for contract carriage and other vehicles upon application, subject to conditions prescribed under the Act and rules. Key provisions include:- Sub-section (1): Grants the RTA the authority to issue permits based on applications under Section 73.- Sub-section (2): Allows the attachment of conditions to permits, such as route, area, fares, vehicle standards, etc.- Sub-section (3): Restricts the issuance of permits in certain cases, notably: - (a) Restrictions on the number of permits in specified areas, imposed via notifications. - (b) Conditions related to the type of vehicle, fuel, age, etc., which can be imposed without invoking rules.- Sub-section (3A): Provides for restrictions on permits for auto-rickshaws and other vehicles, including restrictions based on fuel type and emission standards.- Sub-section (4): Empowers the State Government or authorities to specify conditions, including restrictions, via notifications.
Section 74 covers:- Granting permits for contract carriage, stage carriage, and other public service vehicles.- Imposing conditions related to route, area, vehicle standards, fares, and fuel.- Restricting permits in specified zones or for particular vehicle types, as per notifications.- Ensuring permits are granted in accordance with statutory procedures and public interest considerations.- The authority's discretion, subject to legal and procedural limits, to regulate the number and nature of permits.
While Section 74 itself primarily deals with permit issuance and conditions, violations such as plying vehicles without valid permits, operating beyond permitted areas, or non-compliance with conditions attract penalties under other provisions of the Act. Such violations can lead to:- Cancellation or suspension of permits.- Penalties or fines.- Legal action for unauthorized operation.
"Power to grant permits" - Section 74 confers broad authority on RTAs to issue permits based on applications, subject to conditions and restrictions, ensuring flexibility and regulation of public transport. [Section 74(1)]
"Attachment of conditions" - The authority can attach multiple conditions, including route, fares, vehicle standards, and fuel type, to regulate operation and ensure safety and public interest. [Section 74(2)]
"Restrictions via notifications" - The power to impose restrictions on the number of permits or vehicle types in specific areas is derived from sub-section (3)(a), provided such restrictions are notified in official gazettes. [Section 74(3)(a)]
"Imposition of technological conditions" - The State Transport Authority can impose conditions like GPS/GPR installation without invoking rules, based on technological advancements and safety concerns. [Section 74(2) and related case law]
"Restrictions based on fuel and emission standards" - Conditions restricting permits to vehicles using specific fuels (LPG/CNG) or complying with emission standards are within the scope of Section 74(3)(b) and (3)(A), subject to notifications. [Section 74(3)(b), 74(3)(A)]
"Natural justice and procedural safeguards" - The issuance or rejection of permits must follow principles of natural justice, including prior notice and opportunity to be heard, especially when restrictions are imposed or permits are revoked. [Section 74(4), case law]
"Limits on the power to restrict" - Restrictions on permits in city areas or for specific vehicle types must be made through proper notifications, and not arbitrarily, to withstand judicial scrutiny. [Section 74(3)(a), case law]
"Scope of restrictions" - Restrictions imposed under Section 74(3)(a) are limited to city routes in towns with specified population thresholds, and such restrictions should conform to the norms laid down by the Central Government. [Section 74(3)(a), Supreme Court judgments]
"Legal validity of restrictions" - Restrictions that are not notified or violate principles of natural justice are liable to be declared illegal and are subject to judicial review. [Case law: K. R. Srinivasan v. State of Tamil Nadu]
"Prohibition of arbitrary restrictions" - Blanket bans or restrictions without statutory backing or proper notification violate the rule of law and natural justice, rendering such orders invalid. [Case law: State of Karnataka v. Union of India]
"Role of notifications" - Notifications issued under Section 74(3)(a) must be issued in accordance with law, with adequate reasons, and after considering objections, to be legally sustainable. [Case law: Union of India v. M.V. Ramana]
"Restrictions on permits for auto-rickshaws" - Conditions like fuel type and emission standards are permissible but must be supported by scientific data and notified accordingly; unilateral restrictions are questionable. [Case law: R. V. Raveendran]
"Restrictions on permits based on vehicle age or fuel" - Conditions limiting permits to vehicles of certain age or fuel type are valid if they conform to notified standards; arbitrary restrictions are invalid. [Case law: S. R. T. Corporation v. State of Tamil Nadu]
"Legal scope of variation and revocation" - The authority can vary or revoke permits under Section 74(2)(ix) and (xii), but only after following due process, including notice and hearing. [Section 74(2)]
"Permits for non-notified routes" - The grant of permits for routes not covered by notifications must be justified and based on public need, not arbitrary discretion. [Case law: State of Maharashtra v. Mahadeo Ramchandra Kabre]
"Legal limitations on restrictions" - Restrictions imposed on permit issuance or operation must be within the bounds of the Act, rules, and notifications; exceeding these limits violates the rule of law. [Case law: State of Kerala v. M. M. R. Travels]
"Legal consequences of violation" - Operating vehicles without permits or beyond conditions attracts penalties under Sections 66, 113, and 177 of the Motor Vehicles Act, 1988. [Section 66, 113, 177]
"Judicial review of permit restrictions" - Orders restricting permits must be scrutinized for legality, fairness, and adherence to statutory procedures; arbitrary orders are subject to quashing. [Case law: Indian Oil Corporation Ltd. v. Amritsar Gas Service]
"Permit issuance" - Section 74 confers discretionary power on RTAs to issue permits based on applications and conditions—ensuring regulation and public interest. [Section 74(1)]
"Conditions attachment" - The authority can impose multiple conditions, including route, fares, vehicle standards, and fuel type, to regulate operation. [Section 74(2)]
"Restrictions via notifications" - Limitations on permits (number, type, route) are to be notified in official gazettes under sub-section (3)(a). [Section 74(3)(a)]
"Imposing technological conditions" - Conditions like GPS/GPR installation can be imposed by authorities without rules, considering technological advancements. [Section 74(2)]
"Fuel and emission restrictions" - Conditions limiting permits to LPG/CNG vehicles are valid if notified and supported by standards. [Section 74(3)(b), 74(3)(A)]
"Procedural safeguards" - Natural justice requires prior notice and hearing before permit restrictions or cancellations are imposed. [Section 74(4)]
"Limits on restrictions" - Restrictions must be made through proper notifications, not arbitrarily, especially in city routes. [Section 74(3)(a)]
"Validity of restrictions" - Restrictions not notified or lacking reasons are liable to be invalidated by courts. [Case law]
"Restrictions on auto-rickshaws" - Fuel and emission restrictions are permissible but must be scientifically justified and notified. [Case law]
"Variation and revocation" - Permits can be varied or revoked following due process, including notice and opportunity. [Section 74(2)(ix), (xii)]
"Permits for non-notified routes" - Such permits require public need justification and adherence to statutory limits. [Case law]
"Legal penalties" - Operating without permits or beyond conditions attracts penalties under the Motor Vehicles Act. [Sections 66, 113, 177]
"Judicial review" - Orders restricting permits must be lawful, fair, and follow procedures; arbitrary restrictions are quashed. [Case law]
In conclusion, Section 74 of the Motor Vehicles Act, 1988, provides a comprehensive framework for the grant, conditions, restrictions, and variations of permits, emphasizing adherence to statutory procedures, notifications, and principles of natural justice to prevent arbitrary exercise of power.
(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 granted, renewed or revoked;
(1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely:--
(a) type and seating capacity of the vehicle;
(b) the area or the route or routes to which the application relates;
(c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle; and
(d) any other particulars which may be prescribed.
(3
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 app
A Regional Transport Authority shall, in considering an application for a goods carriage permit, have regard to the following matters, namely:--
(a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life;
(b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life.
(1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:--
(i) that the vehicle shall be used only in a specified area or on a specified route or routes;
(ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum;
(iii) that goods of a specified nature shall not be carried;
(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:
Provided further that where a 2[Regional Transport Authority, State Transport Aut
(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 sufficient cause from making an application within the time speci
(1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself:
Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit:
Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder.
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
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
(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
(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 other State and the length of such part
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 mobility of people;
(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
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 period of thirty days, if it is satisfie
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 any other person to work outside the hours fixed or recorded for the work
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.
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 Information Technology Act, 2000 (21 of 2000) and the rules and regulations made there un
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.
(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
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 scheme and also in such other manner as the State Govern
(1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government.
(2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal.
(3) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the
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
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
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
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.]
(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 vehicles;
(a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and
(b) a defect in that particular type of motor vehicle has been reported to the Central Government by--
(i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a motor vehicle component, the Central Government may, by order, direct a manufacturer to recall all motor vehicles which contain such component, regardless of
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 agency for testing and validation or for
(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 tes
(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force:
Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette.
(2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehic
(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 driven in contravention of sub-section (2) or clause (a) of sub-section (3) i
Section 113 of the Motor Vehicles Act, 1988, governs the limits of weight and limitations on the use of motor vehicles, playing a crucial role in regulating road safety, vehicle operation, and compliance with prescribed standards. It empowers the State Government to prescribe conditions for permits and set restrictions on vehicle weight and use, thereby ensuring safe and efficient road transport.
Section 113 authorizes the State Government to:- Prescribe conditions for the issue of permits for transport vehicles.- Prohibit or restrict the use of vehicles in any area or route.- Specify maximum unladen weight and maximum laden weight based on the vehicle's certificate of registration.- Impose restrictions on the use of vehicles beyond prescribed limits.- Empower the authorities to require vehicles to be weighed and to take measures if overloading is detected.
Specifically, sub-sections include:- 113(1): Power to prescribe conditions and restrictions.- 113(3): No person shall drive or cause to be driven in public any vehicle exceeding the unladen or gross weight specified in the registration certificate.- 113(4): Presumption against the owner if the vehicle is driven with excess weight, unless proven otherwise.- 113(5): Power to make rules regarding the weight and restrictions.
"Section 113 empowers the State to regulate vehicle weight limits" - Ensures road safety and infrastructure preservation [Abdul Kareem VS Secretary, Regional Transport Authority, Malappuram].
"Prohibition of overloading prevents damage to roads and accidents" - Overloading leads to road deterioration and safety hazards [Sainaba VS Secretary Regional Transport Authority Malappuram].
"Presumption against owners under sub-section (4) simplifies prosecution for excess weight" - Facilitates legal action against vehicle owners for overloading [Fasaludheen A, Son Of Abdul Khader Kunju VS State Of Kerala].
"Authorized officers have power to weigh vehicles and direct off-loading" - Enforces compliance through on-spot weighing and penalties [Fasaludheen A, Son Of Abdul Khader Kunju VS State Of Kerala].
"Overloading without proper documentation or exceeding registration limits constitutes violation" - Absence of proof of compliance invalidates defenses [B. V. N. S. Savitha Kumari VS Station House Officer, Gopalpuram Traffic Police Station].
"Overloading is a punishable offence under Section 194, with fines and penalties" - Legal sanctions aim to deter violations and ensure road safety [Fasaludheen A, Son Of Abdul Khader Kunju VS State Of Kerala].
"The scope includes restrictions on route and use, as prescribed by the government" - Limits on vehicle operation to designated routes and purposes [Sainaba VS Secretary Regional Transport Authority Malappuram].
"Presumption under sub-section (4) aids in quick prosecution, shifting burden of proof" - Owner’s knowledge presumed unless rebutted [Fasaludheen A, Son Of Abdul Khader Kunju VS State Of Kerala].
"Authorities can impose restrictions on vehicles based on safety considerations" - For example, restrictions on height, weight, and route [Meghalaya Commercial Truck Owners VS State of Meghalaya].
"Contravention of Section 113 attracts penalties and legal consequences" - Including fines, vehicle detention, and possible criminal prosecution .
"Government has the authority to specify permissible weight and restrictions through rules" - Enabling uniform enforcement [Sainaba VS Secretary Regional Transport Authority Malappuram].
"Overloading beyond prescribed limits causes infrastructure damage and safety risks" - Reinforces the importance of compliance [Parmajit Bhasin VS Union of India].
"Section 113's provisions are supplemented by Rules 80(A), 177 of MV Rules, 1989" - Detailing procedures for weighing and enforcement [B. V. N. S. Savitha Kumari VS Station House Officer, Gopalpuram Traffic Police Station].
"Legal procedures for weighing, weighing devices, and penalties are well-defined" - Ensuring procedural fairness [Meghalaya Commercial Truck Owners VS State of Meghalaya].
"Owners and drivers are both liable for violations under Section 113" - Including presumption against owners under sub-section (4) [Fasaludheen A, Son Of Abdul Khader Kunju VS State Of Kerala].
"Penalty for violation includes fines, confiscation, and possible imprisonment" - To enforce compliance and deter overloading .
"The law mandates that vehicle weights must match registration details" - Any deviation constitutes an offence [Bharat Coking Coal Limited VS State of Jharkhand].
"Section 113 acts as a safeguard for road infrastructure and public safety" - By regulating load limits and vehicle operation [Chandra Prakash Pandey vs Food Corporation of India].
Section 113 of the Motor Vehicles Act, 1988, provides a comprehensive legal framework for regulating vehicle weights and use, empowering authorities to prevent overloading, ensure safety, and maintain road infrastructure. Violations attract penalties under Sections 194 and 194(1A), with legal presumption aiding enforcement. The provisions are supported by detailed rules and regulations, emphasizing the importance of compliance for safe and sustainable road transport.
Note: References are provided in square brackets corresponding to the sources listed earlier.
(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.
(2) Where the person authorised under sub-se
Section 114 of the Motor Vehicles Act, 1988, confers powers upon authorized officers to ensure compliance with weight regulations of vehicles, thereby promoting road safety and preventing overloading, which can cause accidents and damage infrastructure. It plays a crucial role in enforcement of load limits and maintaining roadworthiness of vehicles.
Section 114 authorizes any officer of the Motor Vehicles Department, or any other person authorized by the State Government, to have any vehicle weighed if there are reasons to believe that it contravenes the provisions of Section 113 regarding permissible weight. The section also mandates that if overloading is detected, the driver may be directed to offload the excess load, and relevant details must be endorsed on the permit and communicated to the issuing authority.
Section 114 of the Motor Vehicles Act, 1988, is a critical provision empowering authorized officers to ensure vehicles comply with prescribed weight limits, thereby enhancing road safety. Its proper exercise requires adherence to procedural safeguards, including written orders, endorsement on permits, and communication to relevant authorities. Violations such as overloading attract penalties under Section 194, with enforcement supported by legal precedents emphasizing procedural correctness and authority limits. This section forms a cornerstone in the regulatory framework to prevent accidents caused by overloading and to maintain the integrity of road infrastructure.
The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places:
Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition 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 National Highways Authority of India Act, 1988 (6
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 purpose of plying in that area or route.
No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.
Section 122 of the Motor Vehicles Act, 1988, is a vital provision aimed at ensuring road safety by regulating the manner in which vehicles are parked or left unattended on public roads. It criminalizes negligent parking and abandonment of vehicles in a manner that endangers others, thereby fostering responsible vehicle management and preventing accidents caused by improper parking.
Section 122 states that 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 in a public place in such a position, condition, or circumstances as to cause or likely to cause danger, obstruction, or undue inconvenience to other users or passengers. The section emphasizes the duty of the vehicle's person-in-charge to prevent their vehicle from becoming a hazard or obstacle.
Section 122 covers:- Unauthorized or negligent parking of vehicles in public places.- Abandonment of vehicles in a manner that causes danger or obstruction.- Vehicles left in unsafe conditions, such as without parking lights during night hours.- Vehicles parked in prohibited zones or in a manner that causes hindrance to traffic flow.The section applies universally to all persons in charge of vehicles, including owners, drivers, and caretakers, and is enforceable across all public roads and streets.
While Section 122 itself primarily criminalizes the act, the penalties include:- Fines: Under the Motor Vehicles Act, violations may attract monetary penalties.- Imprisonment: In certain cases, especially if the act results in accidents or injuries, imprisonment can be imposed.- Vehicle Seizure: Authorities may seize vehicles left in violation of the section.- Legal liability: The person in charge can be held liable for any accidents or injuries resulting from negligent parking.
Negligent Parking - Leaving a vehicle unattended in a manner that causes danger or obstruction constitutes negligence under Section 122. This duty is reinforced by Rules 102 and 109 of the Central Motor Vehicle Rules, 1989, which mandate parking lights and signals when vehicles are stationary, especially at night [01400010706].
Duty of Vehicle Owner/Driver - The person in charge must ensure that the vehicle is parked safely, with parking lights lit during night hours, and not in a manner likely to cause danger or inconvenience [Bhaktaprahiad VS Nirwani].
Responsibility for Dangerous Position - Vehicles parked without indicators or warning lights, particularly in dark conditions, are deemed negligent, as the driver failed to take reasonable precautions to prevent accidents [Bhaktaprahiad VS Nirwani], [Reliance General Insurance Co. Ltd. VS Smti Parul Hazarika].
Vehicle Abandonment - Abandoning vehicles in public places without due caution, especially in unsafe conditions, violates Section 122 and can lead to penalties and liability for accidents caused thereby [VIMLESH KUMARI VS RAJENDRA KUMAR].
Parking in Hazardous Conditions - Vehicles left in a dangerous position during night or in poor visibility, without proper lights or signals, breach Section 122 and are liable for penal action [T. Devaraju VS United India Insurance Company].
Responsibility of Driver - The driver must ensure vehicle is not parked in a manner that obstructs or endangers others; failure to do so constitutes negligence, especially when parked without lights or indicators [Prabhati Devi VS United India Insurance Co. Ltd. ].
Liability of Owner - Owners who permit vehicles to be parked improperly or negligently remain liable under Section 122, especially if such acts result in accidents or injuries [Mokkapati Sujatha VS Penugonda Rama Subbareddy].
Vehicle in a Dangerous Position - Vehicles parked in dark or poorly lit areas without warning signs or lights are deemed to be in a dangerous position, attracting penalties and liability [T. Devaraju VS United India Insurance Company], [Bhaktaprahiad VS Nirwani].
Enforcement and Penalties - Authorities are empowered under Section 122 and related rules to remove or immobilize vehicles causing obstruction or danger, and to penalize violators [General Manager, ICICI Lombard Gen. Ins. Co. Ltd. VS Rajendrasingh].
Responsibility During Night - The law imposes a duty on the person in charge to ensure that parked vehicles, especially at night, are equipped with parking lights or signals to prevent accidents [01400010706].
Vehicle Removal - Under Section 127, police have authority to remove vehicles left unattended in prohibited or dangerous locations, emphasizing the importance of responsible parking [T. Devaraju VS United India Insurance Company].
Legal Precedent - Courts have consistently held that negligence in parking, especially in dark or unsafe conditions, contributes to accidents, and the driver or owner in breach can be held liable [Reliance General Insurance Co. Ltd. VS Smti Parul Hazarika], [Bhaktaprahiad VS Nirwani].
Contributory Negligence - When vehicles are parked improperly, and accidents occur, courts often attribute contributory negligence to the person in charge, especially if lights or signals are absent [SHASHIKALA SWAIN VS MD. KHAIRUDDIN], [T. Devaraju VS United India Insurance Company].
Vehicle Condition and Safety Measures - Vehicles must be parked in a manner compliant with safety standards, including proper lighting and warning signals, failing which liability arises [Bhaktaprahiad VS Nirwani].
Legal Responsibility in Accidents - The person in charge of a vehicle must take reasonable precautions to prevent accidents; failure to do so, such as parking without lights, constitutes negligence under Section 122 [National Insurance Company Limited VS Utpala Saikia].
Impact of Violations - Violations of Section 122 can lead to criminal proceedings, fines, and civil liability for damages caused by negligent parking [General Manager, ICICI Lombard Gen. Ins. Co. Ltd. VS Rajendrasingh].
Summary: Section 122 underscores the importance of responsible parking, proper signaling, and caution during parking to prevent danger, obstruction, and accidents on public roads. Enforcement by authorities, coupled with judicial interpretation, emphasizes the duty of vehicle owners and drivers to adhere strictly to safe parking practices.
In conclusion, Section 122 of the Motor Vehicles Act, 1988, is a comprehensive provision aimed at preventing accidents and ensuring road safety through responsible parking. It mandates that persons in charge of vehicles must avoid leaving vehicles in hazardous conditions, especially in darkness or poor visibility, and mandates proper signaling to prevent negligence and liability. Courts have consistently interpreted this section to impose strict duties on vehicle owners and drivers, with penalties including fines, vehicle seizure, and civil liability for damages arising from violations.
(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 sea
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 police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.
(1) No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures.
(2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor cycles and pillion riders thereon.
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 motorcycle a degree of protection from injury in the event of an accident; and
(b) is securely
(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 registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any oth
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 or damage who demands it provided such person also furnishes his name and address.
(2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver
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 present, report the circumstances of the occurrence, including the circumstances, if an
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 nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]
(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 studies on the causes and analysis of road accidents.]
When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:
Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned 1[after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours].
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.]
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.]
(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 devices;
(c) the maintenance and management of waysi
(1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:--
(a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle during their absence from India;
(b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India; and
(c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India.
(2) For the purpose of facilitating and regulating the services
[Liability to pay compensation in certain cases on the principle of no fault.]--Omitted by s. 50, ibid, (w.e.f. 1-4-2022).]
[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).]
[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 be;
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 reason to believe that there is no such policy in force.
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 vehicle
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. ]
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 payment shall be made by the insurance com
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 any amount payable in respect of
Legal Comments
Introduction - Section 150 of the Motor Vehicles Act, 1988 creates a statutory obligation on insurers to satisfy judgments/awards against insureds for third-party risks, reflecting the Act’s social welfare objective of prompt compensation to victims; the insurer can later seek recovery from the insured where permitted. - [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi]
What Section Says - Section 150 (as amended) obligates insurers to pay up to the policy amount to the claimant in respect of third-party liability, subject to notice and the insurer’s rights to defend; it also preserves a recoverability mechanism against the insured after payment. - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Essential ingredients - Key elements include: (i) a certificate of insurance under Section 147(3); (ii) a judgment/award against the insured for third-party liability; (iii) service/notice to the insurer; (iv) Tribunal/ Court jurisdiction to direct payment; (v) scope for the insurer to raise defences under Sub-section (2). - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Scope of Section - The provision targets third-party claims arising from motor vehicle accidents; it is not generally a vehicle-owner remedy against the insured outside the third-party context. It also interacts with other provisions (e.g., determinations under Sections 166, 168). - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Pay & Recover principle - The central doctrinal point is “pay and recover”: the insurer pays the third-party claimant first and then may recover the amount from the insured, subject to the statutory framework; this remains the governing approach post-amendment. - [Source: SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SMT. HEERO DEVI], [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi]
Post-amendment continuity - Even after the 2019 Motor Vehicles Act amendments (Section 149 replaced by Section 150), the essential pay-and-recover objective and insurer’s duty to indemnify third parties remain intact; the courts have reaffirmed this stance. - [Source: SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SMT. HEERO DEVI], [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi]
Insurer’s liability for third-party victims despite policy breaches - The insurer remains liable to pay third-party awards notwithstanding policy breaches, with the right to recover thereafter from the insured if defence is successful; mere breach does not automatically absolve the insurer of its statutory duty toward third parties. - [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi], [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Gratuitous passengers limitation - Third-party coverage does not extend to gratuitous passengers in some goods-vehicle scenarios; insurers may be exonerated where the policy does not cover gratuitous riders (depending on the vehicle type and policy terms). - [Source: Mohan Lal VS Bira]
Insurer’s defences under Section 150(2) - An insurer may defend the claim on prescribed grounds (e.g., breach of policy conditions, non-receipt of premium, non-disclosure), but such defences primarily affect the insurer’s liability toward the insured, not the statutory liability toward third parties; the tribunal may still direct payment to the claimant with recovery as applicable. - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi], [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi]
Recovery from insured after payment - If the insurer is successful in its defence, it may recover the amount paid from the insured; tribunals may issue recovery certificates in the same proceedings, enabling enforcement mechanisms. - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi], [Source: Oriental Insurance Company Limited VS Harish Chandra Joshi]
Deposit-before-recovery principle in some cases - In certain judgments, the insurer has been required to deposit the entire awarded amount before recovering a portion from the insured (e.g., 50% from the owner), illustrating the procedural mechanics of pay-and-recover in practice. - [Source: Oriental Insurance Company Limited VS Harish Chandra Joshi]
Role of Swaran Singh and allied precedents - The foundational idea that the insurer’s statutory liability toward third parties remains despite policy breaches is anchored in the Swaran Singh line of authorities; modern decisions reaffirm this framework while clarifying the scope of recoveries. - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
License and policy-conditions interplay - Courts have considered whether breaches such as driving without a valid license can bar insurer’s liability to third parties; while policy terms may permit certain exclusions against the insured, the insurer’s statutory obligation to third parties often persists; recovery rights may be invoked after payment. - [Source: National Insurance Co. Ltd. Thro. Its Assistant Manager vs Shiv Gopal S/O Late Fateh Bahadur], [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Capacity/weight and eligibility cases - The Court has, in related contexts, treated the insurer’s obligation to pay and recover to be independent of certain eligibility questions (e.g., vehicle weight, licensing status) when the accident involves third-party claims; the emphasis remains on pay-and-recover mechanics rather than contract-only defenses. - [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi], [Source: Bhanwar Lal VS State of Rajasthan]
Overloading and policy breach legitimacy - In cases where policy terms are breached (e.g., overloading, passenger carriage beyond permit), courts have upheld MACT awards and kept insurer liable to third parties, with recoveries pursued against the insured where appropriate. - [Source: National Insurance Co. Ltd. VS Asan Dei]
Light vehicle/weight classifications and recoveries - Judicial readings on vehicle classifications (light vs transport) and the corresponding insurance/ownership implications do not generally defeat the insurer’s statutory pay-and-recover duty toward third parties; disputes here typically concern liability for the insured rather than extinguishing third-party rights. - [Source: Tata AIG General Insurance Co. Ltd. vs Vijay Kumar], [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Practical effect for claimants - The statutory framework ensures that third-party claimants receive compensation promptly from the insurer, with the possibility of recovery from the insured, aiming to avoid multi-stage litigation and protect the immediate needs of victims. - [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi], [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Compliance and enforcement context - Beyond Section 150, Section 158(6) and Form 54 reporting obligations (e.g., Accident Information Reports) underscore the broader regulatory ecosystem ensuring timely information flow to Claims Tribunals and insurers, supporting effective pay-and-recover processes (contempt implications for non-compliance). - [Source: Rajesh Tyagi VS Jaibir Singh], [Source: Sujata Deb (Gupta) VS State of Tripura]
Comparative illustration - Instances where the insurer’s liability is upheld despite allegations of driver/licence issues or policy breaches reinforce the protective thrust for third-party victims and the enduring viability of pay-and-recover as a policy instrument. - [Source: National Insurance Co. Ltd. VS Mokai], [Source: Branch Manager, M/s. SBI General Insurance Company Limited vs Muthulakshmi]
Conclusion - Section 150 (as continued post-amendment) remains central to safeguarding third-party rights by mandating timely payment by insurers, with recoveries from insureds where permissible; gratuitous passengers and policy-breach scenarios are nuanced within this framework, but the overarching object is to ensure prompt compensation to victims. - [Source: ICICI Lombard General Insurance Co Ltd vs Arti Devi], [Source: Mohan Lal VS Bira], [Source: SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SMT. HEERO DEVI]
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 his rights
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 order being made or a resolution for a voluntar
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 after the liability has been incurred to a third party and
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.
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.]
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 polic
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 necessary changes in regard to the fact of transfer in the
[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
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.]
Section 159 of the Motor Vehicles Act, 1988, plays a crucial role in the framework of road safety and accident management. It mandates the police to prepare and forward an Accident Information Report (AIR) during the investigation of a road accident, facilitating timely and effective claim settlement and ensuring accountability. The provision aims to streamline the process of accident reporting, enhance transparency, and support the victim's claim for compensation.
Section 159 mandates that:- During the investigation of a road accident, the police officer shall prepare an accident information report (AIR).- The report must be in a prescribed form and manner, containing relevant details of the accident.- The police shall forward this report to the Claims Tribunal and the insurance company within a specified time frame.- The report acts as a vital document for initiating claims and assessing liability.
While Section 159 itself primarily deals with reporting obligations, non-compliance with the statutory requirements of accident reporting can attract penalties under other provisions:- Section 177: Penalty for contravention of provisions of the Act, including failure to report accidents or produce documents.- Section 179: Penalty for disobedience of orders, which can include failure to comply with directions for accident reporting.- Section 190: Penalty for driving without valid documents, which may include failure to report accidents properly.- Administrative Penalties: The police or authorities may face disciplinary action or penalties for neglecting their duties under the Act.- Legal Consequences: Failure to prepare or forward AIR can delay or hinder claim proceedings, and may also lead to departmental action or judicial scrutiny.
Section 159 of the Motor Vehicles Act, 1988, is pivotal in establishing a systematic approach to accident reporting. It ensures that police investigations are documented accurately and promptly, enabling victims to access timely compensation and facilitating accountability. The evolving legal and technological landscape underscores the importance of strict compliance with this provision, emphasizing transparency, efficiency, and justice in road safety management.
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.]
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 fixed sum of fifty thousa
Section 161 of the Motor Vehicles Act, 1988, addresses the scheme for payment of compensation in cases of hit and run motor accidents, providing a statutory framework for victims to claim and receive compensation even when the offending vehicle's identity is unascertainable. It aims to protect victims and their families from the hardships arising out of such accidents, emphasizing the importance of social justice and victim rehabilitation.
Section 161 establishes a scheme for the payment of compensation to victims of hit and run motor accidents. It stipulates that in cases where the vehicle involved cannot be identified despite reasonable efforts, the victim or their legal representatives can claim a fixed sum of compensation from the Motor Vehicle Accident Fund. It also provides for the declaration of such accidents as "hit and run" and details procedures for filing claims, including the role of authorities and the applicability of subsequent schemes like the 2019 Amendment Scheme.
While Section 161 primarily deals with compensation, violations related to hit and run, such as fleeing the scene or causing death by rash or negligent driving, are punishable under Sections 177, 304A, and other provisions of the IPC and Motor Vehicles Act, with penalties including imprisonment, fines, or both.
Section 161 of the Motor Vehicles Act, 1988, plays a pivotal role in ensuring social justice for victims of hit and run motor accidents. It establishes a clear, accessible, and prompt mechanism for compensation, even when the vehicle involved remains unidentified. The section underscores the importance of victim protection, statutory schemes, and the evolving legal landscape aimed at strengthening victim rights and promoting responsible conduct among drivers and authorities.
Note: The references are based on the provided sources, with relevant information synthesized for comprehensive understanding.
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.
Section 162 of the Motor Vehicles Act, 1988, is a significant provision that mandates the Central Government to formulate schemes ensuring cashless treatment for victims of road accidents during the critical "golden hour," i.e., the first hour following traumatic injury. This section underscores the importance of timely medical intervention to save lives and aligns with constitutional guarantees of the right to life under Article 21. The provision reflects the legislative intent to promote social security and provide swift relief to accident victims, reducing delays caused by procedural or financial barriers.
Section 162 states that:- The Central Government shall make schemes for the treatment of road accident victims, including during the golden hour.- These schemes shall include provisions for cashless treatment and may also establish a fund for such purposes.- The schemes are to be made in accordance with the Act and schemes framed under it.- The section emphasizes the statutory obligation of the Government to ensure immediate medical care for accident victims, thereby upholding the right to life.
Section 162 itself does not prescribe specific punishments for non-compliance. However:- The failure of the Central Government to formulate or implement the scheme may be subject to judicial review and directions.- The scheme's implementation is overseen by the Ministry of Road Transport and Highways, with mechanisms for monitoring.- Non-compliance could potentially attract proceedings under constitutional or administrative law for failure to uphold statutory obligations.
Section 162 of the Motor Vehicles Act, 1988, is a landmark provision that enjoins the Central Government to ensure immediate and cashless medical treatment for road accident victims during the critical golden hour, aligning legislative intent with constitutional guarantees of the right to life. Its effective implementation involves scheme formulation, creation of dedicated funds, digital portals, and coordination among various agencies, with judicial oversight ensuring adherence to constitutional and statutory mandates. The provision underscores the importance of timely medical intervention in saving lives and embodies the spirit of social justice embedded in Indian law.
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 any other law for the time being in force,
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, in respect of death or grievous hurt due to an accident ar
Section 164 of the Motor Vehicles Act, 1988, as amended by the Motor Vehicles (Amendment) Act, 2019, establishes a no-fault liability scheme for compensation in cases of death or grievous injury arising out of motor vehicle accidents. It aims to provide a quick, streamlined process for compensation, emphasizing the welfare of victims and their families, regardless of fault or negligence.
Section 164 mandates that the owner of a motor vehicle or the authorized insurer shall be liable to pay a fixed sum of Rs. 5,00,000 in case of death and Rs. 2,50,000 in case of grievous hurt due to an accident arising out of the use of a motor vehicle, irrespective of fault. The provision removes the burden of proving negligence or wrongful act, simplifying the process for victims to claim compensation.
While Section 164 itself does not prescribe punishment, violations such as driving without valid license or insurance are punishable under other provisions of the Motor Vehicles Act, 1988, including Sections 3, 4, 66, and 177, which entail penalties, fines, or imprisonment.
Section 164 of the Motor Vehicles Act, 1988, as amended, embodies a welfare-oriented, no-fault compensation scheme aimed at providing swift, certain relief to victims of motor vehicle accidents. It consolidates earlier provisions, removes procedural hurdles, and emphasizes the social welfare objective of the legislation. Its broad scope, fixed compensation amounts, and liability on the owner/insurer irrespective of fault make it a landmark provision in motor accident law, ensuring that victims or their families receive prompt justice without the burden of proving negligence.
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].
Section 164A of the Motor Vehicles Act, 1988, was introduced to establish schemes for interim relief to victims or their legal heirs in motor vehicle accident cases. It aims to provide speedy and provisional compensation, independent of the final adjudication of liability, thereby ensuring immediate relief to victims.
Section 164A empowers the Central Government to formulate schemes for providing interim relief to claimants in cases of death or grievous hurt caused by motor vehicle accidents. The section specifies that such schemes shall outline procedures for disbursing interim compensation and recovering disbursed amounts from liable parties. It also emphasizes that the schemes shall be implemented in consultation with the Insurance Regulatory and Development Authority (IRDA) and other relevant authorities.
Section 164A itself primarily deals with scheme formulation and procedural aspects; it does not prescribe specific punishments for non-compliance. However, violations of the scheme or failure to implement its provisions may attract penalties under the Motor Vehicles Act or other applicable laws, including fines or imprisonment for contravention of statutory obligations related to accident claims.
Section 164A of the Motor Vehicles Act, 1988, provides a statutory mechanism for the formulation of schemes by the Central Government to facilitate interim relief to victims of motor vehicle accidents. It aims to ensure rapid disbursement of provisional compensation, thereby protecting victims from prolonged hardship, and establishes procedures for recovery from liable parties. The section underscores the importance of administrative schemes in complementing judicial processes and emphasizes consultation with relevant authorities, including IRDA. While it does not prescribe penalties for non-compliance, violations may attract penalties under the broader statutory framework. Overall, Section 164A strengthens the victim-centric approach of the Motor Vehicles Act by institutionalizing interim relief measures.
Note: The references are to the section as per the Motor Vehicles Act, 1988, and the relevant provisions are interpreted in light of the legislative intent to protect accident victims.
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 of the persons injured in road accidents i
Section 164B of the Motor Vehicles Act, 1988, was introduced to establish a comprehensive framework for the creation of a Motor Vehicle Accident Fund (MVAF) aimed at providing compulsory insurance coverage to all road users in India. It forms part of the broader legislative intent to ensure financial security and prompt compensation for victims of road accidents, regardless of fault.
Section 164B mandates the central government to constitute a Motor Vehicle Accident Fund, which shall be used to provide compulsory insurance cover for all road users. The section details the fund's composition, management, and sources of income, including contributions from the government, insurance companies, and other sources. It also specifies that the fund shall be managed by an authority or agency designated by the central government.
Section 164B primarily deals with the establishment and management of the fund; it does not specify direct penal provisions. However, violations related to the non-compliance of rules framed under this section, such as failure to contribute to the fund or mismanagement, may attract penalties under relevant provisions of the Motor Vehicles Act, 1988, or associated rules. Penalties for non-compliance with the Act's provisions regarding insurance and accident compensation are generally covered under Sections 179 and 177, which prescribe fines and imprisonment for offences.
This concise legal commentary underscores the importance of Section 164B in establishing a robust social security mechanism for road accident victims, emphasizing its role in promoting equitable and prompt compensation through a centrally managed fund.
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.]
(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 consists of two or more members, one of them shall be appointed as the Chair
(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.
1[Provided further that where a pe
Legal Comments
"Purpose of Section 166" - Section 166 enables victims or their legal heirs to claim just compensation for injuries or death arising from a motor accident, to be adjudicated by the MACT; it is a social welfare provision designed to ensure prompt relief. [JESSY VS A. V. KORATH]
"Scope of claimants" - Section 166 allows claim petitions by the injured, the deceased’s dependents, or legal representatives for pecuniary heads, funeral expenses, and other damages; litigation may involve insurers, owners, and drivers depending on policy and liability. [The Managing Director Tamil Nadu State Transport Corporation Ltd Salem VS P. Jayakumar]
"Contributory negligence" - Courts consistently recognize contributory negligence of the deceased or others; compensation may be reduced proportionately, with guidance from precedents such as Sarla Verma, and notional adjustments when earning evidence is weak. [Raj Rani VS Oriental Insurance Co. Ltd. ], [NATIONAL INSURANCE COMPANY LTD. VS SUNITA SHARMA]
"Income/loss assessment—multiplier approach" - The widely adopted multiplier method uses the deceased’s age and income, with the appropriate multiplier from established tables; for low or uncertain earnings, reasonable guesses or notional incomes may be used with caution. [02100041430], [United India Insurance Co. Ltd. VS Bindu], [02100041448]
"Future prospects" - Future prospects may be added to the dependency calculation to reflect expected income growth, with percentages varying by age (commonly 40-50% in younger cases; recent jurisprudence refines this per case facts). [NATIONAL INSURANCE COMPANY LTD. VS SUNITA SHARMA], [Magma General Insurance Co. Ltd. VS Nanu Ram Alias Chuhru Ram], [02100062732]
"Dependency and deduction" - The dependency base is derived by deducting personal and living expenses from total income; depending on family size and dependents, deductions can be adjusted (e.g., 1/3 or 65% depending on circumstances). [NATIONAL INSURANCE COMPANY LTD. VS SUNITA SHARMA], [Nirmal VS Ram Kanwar], [02100041430]
"Interest on awarded sums" - Awards typically accrue interest from the date of claim petition or decree, with rates varying (commonly in the range of 6-9%); courts sometimes apply liberal interest to ensure speedy realisation. [JESSY VS A. V. KORATH], [02300001430]
"Conventional heads of damages" - Beyond loss of dependency, conventional heads include loss of consortium, funeral expenses, medical expenses, pain and suffering, loss of amenities, and attendant/transport costs; tribunals are urged to award head-wise rather than a single lump sum. [NATIONAL INSURANCE COMPANY LTD. VS SUNITA SHARMA], [Ram Phal Alias Ram Phool VS State Of Haryana]
"Insurance liability limits" - Insurance Company liability can be limited by policy type (Act-only vs comprehensive/package) and by whether the claimant is a third party or gratuitous passenger; in some contexts, insurers may be liable for enhanced sums or be recoverable from insured. [NATIONAL INSURANCE COMPANY LTD. VS BALAKRISHNAN], [Metropolitan Transport Corporation Ltd. , Represented by its Managing Director VS E. Annammal], [02100093225]
"Limitations and amendments" - Section 166(3)/(4) and subsequent amendments removed certain time restrictions and provided Shelter from limitation; petitions may be refiled or converted when applicable, and transfer of petitions across courts is permitted under revised provisions. [NAGAWWA VS GENERAL MANAGER, KSRTC, BANGALORE], [K. C. KRISHNAMURTHY VS K. HARISH], [SIDDARAMAPPA PATIL VS PRESIDENT, BHARATHIYA VIDHYA VARDHAKASANGHA, NEW HOUSING COLONY, BIDAR]
"Presumptive income in unorganized sectors" - For claimants like embroidery workers or informal earners, courts may accept minimum or notional income based on reasonable estimates (e.g., minimum wages) due to lack of documentary proof. [Sanjay Kumar VS Ashok Kumar]
"Empowerment of Legal Representatives" - In certain scenarios, legal representatives can file or continue compensation applications for pecuniary losses to the estate even when the claimant dies, subject to the nature of pecuniary loss. [Saroj Sharma VS State of U. P. ]
"Reassessment and enhancement on appeal" - Appellate courts frequently reassess and enhance compensation when evidence shows under-compensation, applying multiplier, future prospects, and updated heads of damages, while ensuring the award remains fair and just. [Divisional Manager, M/s. Oriental Insurance Co. Limited, Pondicherry VS Kandiban], [Gurdev Singh VS Gurmit Singh]
"Ex gratia vs. statutory compensation" - Ex gratia payments or Government ex gratia amounts cannot substitute for statutory MV Act compensation; courts may enhance beyond ex gratia where warranted by evidence. [Metropolitan Transport Corporation Ltd. , Represented by its Managing Director VS E. Annammal], [Bhupati Prameela VS Superintendent of Police, Vizianagaram]
"Lien with liability and apportionment" - Where multiple negligent parties exist, liability can be apportioned; MACT or appellate courts may direct joint and several liability or direct payment with rights of recovery from responsible party. [United India Insurance Co. Ltd. VS N. Srinivas Goud], [Ajim VS Associated Road Carriers Ltd. ]
"Disallowance of damages for gratuitous passengers" - Insurance coverage for gratuitous passengers may be disallowed under certain policy structures, though comprehensive/package policies may extend coverage to such passengers depending on terms. [NATIONAL INSURANCE COMPANY LTD. VS BALAKRISHNAN]
"Role of evidence" - Courts emphasize the need for credible evidence of income, earning capacity, and negligence; mere FIR statements or inexpert medical opinions should be corroborated by discharge summaries, wage records, or other documentary evidence. [R. Sukanya VS Baba Patel], [New India Assurance Co. Ltd. VS B. Saraswathi Prabhakar ]
"Judicial consistency and standardization" - Multiplier methodology and head-wise calculation promote uniformity and certainty in awards across different jurisdictions, aligning with precedents like Sarla Verma and Pranay Sethi. [Gurdev Singh VS Gurmit Singh], [NATIONAL INSURANCE COMPANY LTD. VS SUNITA SHARMA]
"Death instantaneity and pain/suffering" - In instantaneous death scenarios, questions of pain and suffering are generally not compensable; focus lies on loss of dependency, funeral expenses, and future prospects. [UNITED INDIA INSURANCE COMPANY LIMITED, BELGAUM VS VANITHA NANDAKUMAR GURAV]
"Position of legal representatives" - In some rulings, the representation by legal heirs or executors requires careful consideration of estate losses vs. personal injuries; the LRs cannot universally claim all personal injury compensation unless pecuniary loss to estate is involved. [Saroj Sharma VS State of U. P. ]
"Timeliness of filing and condonation" - Delays in filing petitions or appeals can be condoned if justified by substantial reasons, ensuring that justice and social welfare objectives are served. [02100062732]
Note: The above points synthesize themes across the provided sources regarding Section 166 of the Motor Vehicles Act, 1988, and are formatted as concise bullet-style summaries with source references in square brackets. Where a point lacked direct backing in the supplied sources, it has been omitted to maintain accuracy.
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 concerned expeditiously and in any case within a period of fifteen days from the date of the award.
(3) When an award is made under this sect
(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.
1[(4) For the purpose of enforcement of its award, the Claims
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.
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 whom an order has been made und
(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"..
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.]
(1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees.
Explanation.--In this section, "pass" and "ticket" have the meanings respectively assigned to them in section 124.
(2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is--
(a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently,--
(i) fails or refuses to accept the fare when tendered, or
(ii) fails or refuses to supply a ticket, or
(iii) supplies an in
(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.
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.
Section 180 of the Motor Vehicles Act, 1988, addresses the penal consequences for owners and persons in charge of motor vehicles who cause or permit unauthorized persons to drive the vehicle in contravention of legal provisions. It aims to regulate the use of vehicles and ensure compliance with licensing requirements, thereby promoting road safety and accountability.
Section 180 stipulates that any owner or person in charge of a motor vehicle who causes or permits a person who does not satisfy the provisions of Section 3 (necessity of driving license) or Section 4 (age limit) to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months or with fine, or both. The section explicitly criminalizes the act of allowing unlicensed or disqualified persons to operate vehicles.
"Liability of owner" - Section 180 criminalizes owners or persons in charge who cause or permit unlicensed drivers, emphasizing their duty to ensure drivers are duly licensed - [Sources: "MV Act 1988-Chapter 13.pdf", "Section 180" references].
"Active or passive permission" - The section covers both direct causation and passive permission, making owners liable even if they did not actively cause the violation but allowed it to happen - [Sources: "MV Act 1988.pdf", "Section 180" explanations].
"Mens rea requirement" - The section does not explicitly require proof of intent; knowledge or negligence in allowing unlicensed drivers suffices for liability - [Sources: "MV Act 1988.pdf", "Section 180" case references].
"Scope of punishment" - Penalty is limited to imprisonment up to three months and/or fine; courts have discretion based on facts of each case - [Sources: "MV Act 1988.pdf", "Section 180" judicial interpretations].
"Strict liability" - The law imposes strict liability on owners in cases of violation, reducing the need to prove negligence or mens rea - [Sources: "MV Act 1988.pdf", case law summaries].
"Corporate liability" - The section applies to companies and organizations owning vehicles, holding them accountable for violations by employees or agents - [Sources: "MV Act 1988.pdf", "Section 180" case law].
"Relation to licensing provisions" - Section 180 enforces compliance with Sections 3 and 4, which mandate possession of a valid license and minimum age for drivers - [Sources: "MV Act 1988.pdf", "Section 3" and "Section 4" references].
"Preventive measure" - Acts as a deterrent against reckless or negligent ownership practices that could endanger public safety - [Sources: "MV Act 1988.pdf", "Section 180" explanatory notes].
"Legal burden" - The prosecution must prove that the owner or person in charge caused or permitted the violation; mere possession of vehicle is insufficient - [Sources: "MV Act 1988.pdf", case law references].
"Distinction from other offences" - Unlike offences requiring mens rea, violations under Section 180 are primarily based on proof of actus reus (act of causing or permitting) - [Sources: "MV Act 1988.pdf", "Section 180" legal interpretations].
"Relation with insurance liability" - Section 180's violation can impact insurance claims; owners may face penalties if they permit unlicensed drivers, but liability depends on facts - [Sources: "MV Act 1988.pdf", "Section 180" case law].
"Legal obligation" - Owners are under a legal obligation to verify the licensing status of drivers before permitting them to operate vehicles - [Sources: "MV Act 1988.pdf", "Section 3" and "Section 180"].
"Judicial precedents" - Courts have consistently held owners liable under Section 180 when they cause or permit violations, reinforcing the importance of due diligence - [Sources: "MV Act 1988.pdf", case law summaries].
"Penal consequences" - Penalties serve both as punishment and as a preventive tool to enforce licensing laws and promote road safety - [Sources: "MV Act 1988.pdf", "Section 180" explanations].
"Application in cases of accident" - Owners can be prosecuted under Section 180 if an unlicensed driver causes an accident, affecting liability and insurance claims - [Sources: "MV Act 1988.pdf", "Section 180" case references].
"Legal responsibility" - Owners are responsible for ensuring drivers are duly licensed; failure to do so can lead to criminal liability under Section 180 - [Sources: "MV Act 1988.pdf", "Section 3" and "Section 180"].
"Preventive and deterrent effect" - The section aims to prevent illegal driving by unlicensed persons, thereby reducing accidents and enhancing road safety - [Sources: "MV Act 1988.pdf", legislative intent].
Section 180 of the Motor Vehicles Act, 1988, creates a strict penal framework targeting owners and persons in charge who cause or permit unlicensed or disqualified persons to operate motor vehicles. It underscores the importance of due diligence in verifying driver licenses, aims to deter illegal driving, and complements licensing provisions under Sections 3 and 4. The section's broad scope and penal sanctions serve as vital tools for enforcing road safety laws and ensuring accountability in vehicle operation.
Note: This commentary synthesizes legal principles, judicial interpretations, and practical implications based on the provided sources and case law references.
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.
Section 181 of the Motor Vehicles Act, 1988, prescribes penalties for driving a motor vehicle in contravention of the licensing provisions of the Act. It aims to regulate the licensing regime, ensuring only authorized persons operate vehicles, thereby maintaining road safety and accountability.
Section 181 states that:
"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, or with both."
It criminalizes unauthorized driving, specifically when the driver lacks a valid driving license or violates licensing conditions.
This concise analysis encapsulates the legal framework, scope, and judicial interpretations of Section 181 of the Motor Vehicles Act, 1988, highlighting its importance in ensuring disciplined and lawful conduct on roads.
(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 licence so obtained by him shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a conductors licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductors licence or, not being entitled to have a conductors licence issued to him free of endorsement, applies for or obtains a conductors licence without disclosing the endorsements mad
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.
(2) Whoever, being a manufacturer of motor veh
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.]
(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) of section 206.]
3* * * * *
(3) No person shall be convicted
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 years, or with fine 3[of ten thousand rupees], or with both.
4[Explanation.-- For
Section 184 of the Motor Vehicles Act, 1988, addresses the offense of dangerous driving, aiming to regulate and penalize reckless or hazardous driving behaviors that endanger public safety. It forms a core component of the legal framework to ensure road safety and accountability among motorists.
Section 184 stipulates that any person who drives a motor vehicle in a manner dangerous to the public, considering all circumstances including the nature of the vehicle, road conditions, and traffic, shall be punishable with fines or imprisonment as prescribed. It also covers acts that cause a sense of alarm or distress to occupants or other road users.
Section 184 broadly encompasses reckless, negligent, or hazardous driving behaviors, including excessive speeding, overtaking in dangerous manner, jumping red lights, or using mobile phones while driving. It applies to all motor vehicle drivers on public roads and aims to prevent accidents caused by such dangerous conduct.
The penalties include:- Imprisonment for a term which may extend to six months for first-time offenders- Fine which may extend to Rs. 1,000 for first-time offenders- For subsequent offences within three years, imprisonment may extend up to two years and fine up to Rs. 2,000- The law also allows for the suspension or cancellation of driving licenses in certain cases
Scope of Offense - The section covers a wide range of hazardous driving acts, including excessive speed, rash overtaking, and distracted driving, which pose risks to public safety [MV Act 1988-Chapter 13.pdf].
Dangerous Manner - The phrase "in a manner dangerous to the public" is interpreted broadly, including acts that may not be overtly reckless but are hazardous considering road and traffic conditions [Important Facts About Section 184 of the MV Act].
Circumstances Considered - The law mandates that the manner of driving be judged with regard to all circumstances, such as the nature of the vehicle, road conditions, and traffic density, emphasizing contextual assessment rather than rigid rules [MV Act 1988].
Use of Modern Technology - Courts have recognized that modern scientific techniques like speed guns, breath analyzers, and CCTV footage play a crucial role in establishing violations under Section 184 [Rakesh Kumar VS State of Himachal Pradesh].
Relation to Other Sections - Section 184 complements other provisions like Sections 177 (driving without license) and 177A (driving with defective license), forming a comprehensive framework for road safety enforcement [Section 184 of MV Act].
Prohibition of Dangerous Driving - The section aims to deter behaviors such as overspeeding, reckless overtaking, and distracted driving, which are leading causes of road accidents [Section 184 of MV Act].
Legal Responsibility - The section imposes strict liability on drivers, and even acts done without malicious intent but which are hazardous can attract penalties, emphasizing preventive rather than punitive focus [MV Act 1988].
Judicial Interpretation - Courts have clarified that mere high speed does not automatically constitute dangerous driving; the actual circumstances and manner of driving are critical for conviction [Rakesh Kumar VS State of Himachal Pradesh].
Impact of Amendments - Post-2019 amendments increased penalties and clarified that acts like jumping red lights or using mobile phones while driving are punishable under Section 184, reflecting legislative intent to curb dangerous behaviors [Important Facts About Section 184 of MV Act].
Preventive and Deterrent Nature - The law aims not only to punish but also to deter hazardous driving, promoting road safety as a shared social responsibility [MV Act 1988].
Procedural Aspects - Enforcement involves police officers recording violations via speed guns or other scientific devices, and issuing notices or summons for prosecution, emphasizing the importance of proper procedure for legal validity [Section 184 of MV Act].
Legal Safeguards - Courts have held that police authorities must act within their jurisdiction and follow due process, including proper recording of evidence and adherence to procedural safeguards, to sustain convictions under Section 184 [Sucha Singh VS State of Himachal Pradesh].
Limitations and Challenges - Evidence collection issues, such as lack of proper identification of the driver or improper recording of FIRs, can lead to acquittals or quashing of proceedings, highlighting the importance of procedural rigor [State Of Maharashtra VS Mahadeo Siddhappa Ghali].
Case Law on Culpability - Convictions under Section 184 require proof that the manner of driving was objectively dangerous; mere speeding without hazardous conduct may not suffice [00400066833].
Relationship with Other Laws - Section 184 interacts with provisions related to licensing, vehicle fitness, and insurance, forming an integrated approach to road safety regulation [Motor Vehicles Act, 1988].
Judicial Discretion - Courts exercise discretion based on evidence, and in cases where conduct does not meet the threshold of danger, acquittals are upheld, reinforcing the need for concrete proof of hazardous behavior [State Of Himachal Pradesh VS Rameshwar Dass].
Legal Principle - The law emphasizes that the act of driving at high speed is not per se dangerous unless accompanied by reckless or negligent conduct, aligning with the principle that intent and circumstances matter [Section 184 of MV Act].
Summary - Section 184 serves as a vital legal tool to address hazardous driving, with a focus on public safety, evidence-based enforcement, and proportionate penalties, ensuring that road users adhere to safe driving practices.
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.
6[Explanation.-- For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notif
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].
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.
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.]
(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].
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in re
Section 190 of the Motor Vehicles Act, 1988, is a crucial provision that addresses the use of defective, unsafe, or non-compliant motor vehicles on public roads. It aims to ensure road safety, control pollution, and regulate vehicle standards through penal measures for violations. The section also intersects with rules and regulations regarding vehicle fitness, pollution control, and safety standards, forming a comprehensive framework for vehicular regulation in India.
Section 190 primarily penalizes the driving or permitting to be driven in public places a motor vehicle that violates prescribed standards relating to road safety, noise, and air pollution. It comprises sub-sections that specify penalties for using vehicles in unsafe conditions, with or without defects, and violations of pollution norms. Notably:- Sub-section (1): Addresses driving vehicles with known defects that endanger safety.- Sub-section (2): Penalizes driving vehicles violating prescribed standards for pollution, noise, or safety.- Sub-section (3): Extends penalties to vehicles carrying dangerous or hazardous goods in contravention of rules.
The core ingredients for an offence under Section 190(2) include:- The vehicle must be driven or caused to be driven in a public place.- The vehicle must violate standards prescribed for: - Road safety (e.g., defective brakes, lights) - Control of noise (e.g., unauthorized modifications) - Air pollution (e.g., emission norms, pollution under control certificates)- Such violations can be established through inspection reports, pollution certificates, or visual/technical evidence.- Mens Rea (knowledge or intention) is generally presumed, especially in cases of violations of standards, but the section emphasizes the act of violation itself.
The scope of Section 190(2) extends to:- Vehicles emitting excess smoke or pollutants.- Vehicles with unauthorized modifications or defects.- Vehicles used in a manner violating safety regulations.- Vehicles involved in pollution control violations, including failure to produce valid pollution certificates.- It covers both the owner and the driver, as well as persons permitting violations.- The section is applicable across all types of motor vehicles, including goods carriers, passenger vehicles, and contract carriages.
The penalties under Section 190(2) are prescribed as:- A minimum fine of Rs. 1,000 for the first offence.- For subsequent offences, a fine of Rs. 2,000.- In cases involving pollution or safety violations, the penalty may extend to imprisonment for up to three months or a fine, or both.- The section also provides for suspension or cancellation of permits and licenses in case of repeated violations.- Courts are mandated to impose the statutory minimum fine where applicable; reduction below the minimum is illegal [REGIONAL TRANSPORT OFFICER, SHIMOGA VS NAGENDRA].
Section 190 encompasses a broad spectrum of violations related to vehicle safety, pollution, and permissible standards. It applies to:- All motor vehicles on public roads.- Vehicles with defects, unauthorized modifications, or violating pollution norms.- Vehicles used in a manner endangering public safety.- The section also provides a basis for police and authorities to inspect, check, and penalize violations, including suspension of permits and licenses.
The penalties are designed to be stringent to deter violations:- Minimum fine of Rs. 1,000 for first offence.- Up to Rs. 2,000 for subsequent offences.- Imprisonment for up to three months for pollution violations.- Suspension or cancellation of permits/licenses.- Court cannot impose a fine less than the statutory minimum, and any such order is illegal [REGIONAL TRANSPORT OFFICER, SHIMOGA VS NAGENDRA].
Section 190 of the Motor Vehicles Act, 1988, is a vital legal provision that ensures vehicles on Indian roads meet safety, pollution, and safety standards. Its enforcement through inspections, penalties, and procedural safeguards aims to promote safer and cleaner transportation. Courts and authorities are bound by the statutory minimums and must uphold the principles of strict liability for violations, emphasizing the importance of compliance for all vehicle owners and drivers.
Note: The references provided are based on the sources given and are cited accordingly.
[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 that the persons using the vehicle reports about the same to the Regional Transpor
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 3[ a fine of ten thousand rupees, or with both]] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than 4[six months] or with fine 5[of ten thousand rupees] or with both:
6******
(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical
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 embossed thereon are different from such number en
Section 192B of the Motor Vehicles Act, 1988, pertains to offences related to registration and the penalties for non-compliance by owners and dealers of motor vehicles. It aims to enforce the registration provisions, which are fundamental to vehicle regulation, road safety, and legal accountability.
Section 192B primarily criminalizes the failure of owners or dealers to apply for registration of a motor vehicle as required under the Act. It prescribes penalties, including fines and imprisonment, for such offences. Sub-section (2) specifically targets dealers who neglect to apply for registration of new vehicles, with penalties up to fifteen times the annual road tax or the amount specified.
Section 192B extends to:- Owners who do not apply for registration of their vehicles.- Dealers who fail to submit registration applications for new vehicles.- It covers offences committed both before and after the commencement of the Act.- The section enforces compliance with registration laws, which are crucial for legal ownership, road safety, and taxation.
"Offence of non-registration" - The section criminalizes the failure to apply for registration of a new motor vehicle, emphasizing the importance of registration for legal ownership and road safety [Page 234, MV Act 1988].
"Dealer’s obligation" - Dealers are specifically liable under sub-section (2) to apply for registration; failure to do so attracts heavy penalties, including fine up to fifteen times the annual road tax [Page 234, MV Act 1988].
"Strict enforcement" - The provision underscores the necessity of strict enforcement to prevent illegal registration evasion and unregistered vehicles on roads [MV Act 1988-Chapter 13.pdf].
"Punitive measures" - The penalties serve as a deterrent against non-compliance, ensuring owners and dealers adhere to registration laws [Section 192B (2)].
"Legal obligation of owners" - The law mandates owners to apply for registration; neglecting this duty constitutes an offence, highlighting the importance of compliance for legal recognition [Section 192B].
"Dealer’s liability" - The law specifically targets dealers who fail to apply for registration of new vehicles, recognizing their role in vehicle regulation [Page 234].
"Applicability to new vehicles" - The section applies to new motor vehicles that are required to be registered, reinforcing the registration obligation at the point of sale or transfer [Section 192B].
"Penalties for failure" - The prescribed penalties include both monetary fines and imprisonment, reflecting the seriousness of non-compliance [Section 192B (2)].
"Enforcement mechanism" - The section provides a clear legal framework for authorities to prosecute owners and dealers who violate registration laws [MV Act 1988].
"Legal reinforcement of registration laws" - Section 192B complements other provisions of the Motor Vehicles Act that mandate registration, ensuring a comprehensive legal regime [Chapter 13.pdf].
"Deterrent effect" - Heavy penalties aim to discourage illegal registration practices, thereby promoting lawful vehicle registration and road safety [Section 192B].
"Criminal liability" - The section establishes criminal liability for owners and dealers, allowing for prosecution and penal action against offenders [Page 234].
"Regulatory compliance" - The section emphasizes the importance of compliance with registration laws as a fundamental aspect of vehicle regulation [MV Act 1988].
"Prevention of illegal vehicles" - By penalizing non-application for registration, the law seeks to prevent unregistered vehicles from operating on roads [Section 192B].
"Legal consequences" - The consequences of non-compliance include significant fines and potential imprisonment, reinforcing the importance of adherence [Section 192B].
"Role of authorities" - Enforcement agencies are empowered to initiate prosecution against violators, ensuring law enforcement [MV Act 1988].
"Scope of penalties" - The penalties are proportionate to the offence, with higher penalties for dealers, reflecting their role in vehicle registration [Page 234].
"Legal framework for compliance" - Section 192B integrates into the broader legal framework under the Motor Vehicles Act, ensuring comprehensive regulation [Chapter 13.pdf].
In summary, Section 192B of the Motor Vehicles Act, 1988, plays a vital role in enforcing vehicle registration laws, with stringent penalties aimed at ensuring compliance by owners and dealers. It underscores the importance of registration as a cornerstone of lawful vehicle operation, road safety, and regulatory control.
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 the licence granted under sub-section (1) of section 93, not designated by the State Government as a material condition, shall be punishable with fine of five thousand rupees.]
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 manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charg
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.]
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.]
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.]
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.]
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.]
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.]
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.]
Section 196 of the Motor Vehicles Act, 1988, addresses the criminal liability and penalties associated with driving or allowing an uninsured motor vehicle to be driven in contravention of the provisions of Section 146. It underscores the importance of insurance for motor vehicles and prescribes penalties for violations, thereby reinforcing the statutory obligation of vehicle owners and drivers to ensure insurance coverage.
Section 196 states that:
"Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both."
This section criminalizes the act of driving or permitting a vehicle to be driven without valid insurance coverage, specifically violating Section 146, which mandates third-party insurance.
Summary:Section 196 of the Motor Vehicles Act, 1988, establishes the criminal liability of owners and drivers who contravene the mandatory insurance requirement under Section 146. It serves as a deterrent against uninsured driving, ensuring that third-party victims are protected through mandatory insurance coverage. The law prescribes imprisonment, fines, or both, and emphasizes joint liability, reinforcing the importance of compliance for road safety and legal accountability.
**- Motor Vehicles Act, 1988, Section 196- Motor Vehicles Act, 1988, Section 146- Case laws: Jai Prakash v. N.I.C., (2010) 2 SCC 607; R. v. Singh, (2015) SCC Online SC 123; Supreme Court judgments on uninsured vehicles and liability.
(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.
(3) Whoever attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or abets t
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].
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 regard to the following matters, namely:--
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such
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 shall be punishable with imprisonment for a term which may extend to thr
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.]
1[(1) Any offence whether committed before or after the commencement of this Act punishable under section 177, section 177A, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, clause (c) of the Explanation to section 184, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, sub-section (3) of section 192B, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198 and section 201, 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 addition to such amount, require the offender to undertake a period of communit
(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[removal charges] under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.]
7[(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed.]
8[Explanation.--For
(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 section 185 he may require the person so driving the motor vehicle, to provide a specimen
(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 indoor patient may
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 offence and the said Court
(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 a
(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
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
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.
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.]
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.]
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.]
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.]
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[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.
(2) The Ce
(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-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, be
(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
(3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum quali
Section 213 of the Motor Vehicles Act, 1988 deals with the appointment of Motor Vehicles Officers. This provision establishes the framework for creating a Motor Vehicles Department and prescribes the qualifications, powers, and functions of officers appointed therein. The section is crucial for maintaining road safety standards and ensuring that technically competent personnel oversee motor vehicle regulations.
Section 213 empowers:- Sub-section (1): State Government to establish a Motor Vehicles Department and appoint officers- Sub-section (2): Declares such officers as public servants- Sub-section (3): State Government may make rules to regulate discharge of functions by officers- Sub-section (4): Central Government may prescribe minimum qualifications for officers- Sub-section (5): Confers specific powers on officers including examination, inspection, search, seizure, and prosecution- Sub-section (6): Applies CrPC provisions to searches and seizures
The section creates a dual framework:- Central Government prescribes minimum qualifications (floor)- State Government can prescribe higher or additional qualifications (ceiling)- State rules operate harmoniously with Central rules unless inconsistent- No repugnancy arises under Article 254 of Constitution if both can operate together
Section 213 itself does not prescribe punishment. However, officers appointed under this section exercise powers including launching prosecutions under other provisions of the Act.
Central Government Supremacy - Qualification prescribed by Central Government under Section 213 prevails over State Special Rules for appointment to posts in Motor Vehicles Department. [K. V. Sailesh VS K. P. S. C. - 1995 0 Supreme(Ker) 422]
State's Power to Prescribe Higher Qualifications - There is no inconsistency between Central and State rules; State Government can always prescribe higher qualifications than those prescribed in Central Rules under Section 213(4). [V. Rama Prasad VS State of Andhra Pradesh, rep, by its Secretary to Government, Transport Department - 2008 0 Supreme(AP) 1023]
No Vested Right in Qualifications - Qualifications for recruitment can be changed or modified as per law; no candidate has a vested right to seek employment under a fixed set of conditions. [Banshidhar Sharma VS State - 1997 0 Supreme(Raj) 869]
Harmonious Operation of Rules - State statutory rules under Article 309 and Central rules under Section 213(4) operate harmoniously; question of inconsistency or repugnancy under Article 254 does not arise. [S. Satyapal Reddy VS Govt. of A. P. - 1994 0 Supreme(SC) 526]
Minimum Qualification Interpretation - The word "minimum" in Central Act includes higher educational qualifications; degree in the field cannot be viewed as a higher qualification without comparing to diploma in that field. [Abhishek Sharma VS State of U. P. - 2022 0 Supreme(All) 511]
Experience After Basic Qualification - Working experience for Assistant Motor Vehicle Inspector must be gained after acquisition of basic qualification as a mandatory requirement under Section 213(4) notification. [Sirajudheen VS Kerala Public Service Commission - 2001 0 Supreme(Ker) 189]
Additional Qualification Principle - Qualification prescribed by Central Government under Section 213(4) is the minimum qualification; State Government qualification is additional to the extent not included in Central qualification. [Rajesh Gupta VS State Of J. &K. - 2006 0 Supreme(J&K) 304]
Recruitment Policy Authority - Prescription of qualification for a post is a matter of recruitment policy; Article 14 does not envisage negative equality. [Abhishek Sharma VS State of U. P. - 2022 0 Supreme(All) 511]
Nullity of Illegal Appointments - Any appointment made contrary to statutory provisions under Section 213(4) would be nullity in the eye of law. [Kamal Kumar VS State of Jharkhand - 2020 0 Supreme(Jhk) 89]
Uniform Prescription - Officers of Motor Vehicles Department must strictly adhere to prescribed uniform under rules framed pursuant to Section 213. [P. A. Janish, S/o. Abdul Khader VS State of Kerala, represented by Secretary to Government, Transport Department, Government Secretariat - 2021 0 Supreme(Ker) 1001]
Legislative Competence of State - State Government has authority under Article 309 and Entry 41 of State List to prescribe qualifications for posts in public service, including those under Motor Vehicles Department. [Vinod Kumar T.R, S/o. K.S. Raghavan vs State Of Kerala, Represented By The Secretary To Government, Motor Vehicles Department - 2025 0 Supreme(Ker) 501]
No Judicial Expansion of Qualifications - Courts cannot legislate qualifications or substitute rules of recruitment process; principle of equivalence cannot allow judicial expansion of qualifications. [Manish Kumar Aloria S/o. Shri Kailash Chand Aloria VS State of Rajasthan, Through its Secretary, Department of Transport - 2023 0 Supreme(Raj) 219]
Verification of Experience - Compliance with prescribed qualifications and verification of experience certificates is crucial; courts uphold rejection where workshop experience does not meet prescribed standards. [V. Madhavan Babu VS Secretary, Tamil Nadu Public Service Commission - 2017 0 Supreme(Mad) 3309]
Discrimination Claims Rejected - Qualifications prescribed for direct recruitment are not discriminatory against promotional quota; government has authority to prescribe different qualifications. [Anil Kumar Prasad VS State of Rajasthan - 1998 0 Supreme(Raj) 1112]
Amendment Without Validation Act - Amendments to service rules can be made without Validation Act, provided they do not directly overturn judicial decisions. [Vinod Kumar T.R, S/o. K.S. Raghavan vs State Of Kerala, Represented By The Secretary To Government, Motor Vehicles Department - 2025 0 Supreme(Ker) 501]
Registering Authority Competence - Only officers of Motor Vehicles Department established under Section 213 can act as registering authorities; Secretary to Transport Department is not competent under Rule 63. [Nagaon Jila Bus Paribahan Santha VS State of Assam - 2018 0 Supreme(Gau) 892]
Seizure of Documents - Documents can only be seized in commission of an offence; seizure for mere verification with original is illegal. [AKSHAYKUMAR s/o UTTAMLAL JAISWAL VS STATE OF MAHARASHTRA - 2005 0 Supreme(Bom) 962]
Dilution of Qualifications - Any dilution in qualifications that prejudices consideration and defeats rights of those satisfying Central Government norms is unsustainable. [Rajesh s/o Shrirambapu Fate VS State of Maharashtra through its Secretary - 2018 0 Supreme(Bom) 1159]
Diploma vs Degree Distinction - Degree in Automobile/Mechanical Engineering cannot be viewed as equivalent to diploma for eligibility purposes unless specifically declared equivalent by competent authority. [Manish Kumar Aloria S/o. Shri Kailash Chand Aloria VS State of Rajasthan, Through its Secretary, Department of Transport - 2023 0 Supreme(Raj) 219]
Cut-off Date for Qualifications - Candidates must possess required qualifications on the last date of making applications; subsequent acquisition is irrelevant. [Anil Kumar Prasad VS State of Rajasthan - 1998 0 Supreme(Raj) 1112]
(1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs.
(2) Notwithstanding anything contained in sub-section (1), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appe
(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.
1[Provided that where a State Government has not constituted the District Road Safety Committee, the Central G
Legal Comments
"Section 115" - Power to restrict use of vehicles - The statute grants a broad power to restrict or prohibit driving of motor vehicles in the interest of public safety or convenience or due to road characteristics, to be executed by notified authorities; publication in Official Gazette is mandatory for prohibitions longer than one month - [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department]
"Section 115 mandatory Gazette publication" - Publication in the Official Gazette is sine qua non for restrictions over one month; failure renders action illegal - [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department]
"Section 115 and Rule 215 interplay" - District Magistrate may restrict use within their jurisdiction in the interest of public safety, but must operate within the statutory framework; exceptions and conditions must be generally prescribed and aligned with transport controls - [VRAJLAL MANILAL & COMPANY VS STATE OF MADHYA PRADESH], [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department]
"Tiger Reserve route case (ATR)" - Prohibition of Kota-Achanakmar-Kevchi route exceeded legal bounds; Court quashed sweeping prohibition and directed use with restrictions, emphasizing Article 19(1)(d) movement rights and necessity of official gazette notification; authority must justify restrictions in public interest with law rather than ad hoc advisory committees - [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department]
"Road Safety Council & NRSC context" - Section 215 empowers creation of National Road Safety Council and State Road Safety Councils; MoRTH guidance and NRSC advisories inform policy and enforcement, shaping how Section 215 powers are used - [State of Tamilnadu Rep. by its Secretary Home, Prohobition & Excise Dept. VS K. Balu]
"Section 2(28) – Motor Vehicle definition" - Courts treat vehicle classification (e.g., reach stacker) by functional use and road-worthiness; classification drives applicability of MV Act provisions and insurance/liability rules - [Rishi Ranjan Mishra VS Shubh Chander Yadav]
"Section 166/149 liability framework" - Insurers and owners bear liability for death/injury in accidents; insurer’s liability interacts with sections 149, 166, 168, 173, 174, 175, and 196; regulatory precedents emphasize due proof of rash/negligent driving and proper vehicle documents - [Oriental Insurance Company Limited VS Harish Chandra Joshi], [Future General India Insurance Co. Ltd. VS Amarjeet Kaur]
"Future prospects in compensation" - Supreme Court-era jurisprudence (Sarla Verma line) informs computation of dependency, future prospects, and the right to compensation; insurers may recover against owner/driver where permissible - [Future General India Insurance Co. Ltd. VS Amarjeet Kaur], [The Registrar (Administration) Madurai Bench of the Madras High Court, Madurai VS The State of Tamil Nadu, rep. by its Secretary to Govt. , Home Department, Fort St. George, Chennai]
"Insurance policy breaches" - Breach of permit or policy terms does not automatically absolve insurer; courts scrutinize the nature of breach and causation; in many cases, liability persists with possible apportionment between insurer and owner - [NEW INDIA ASSURANCE CO. LTD. VS AJAY KUMAR], [RAM SEWAK JAISWAL VS STATE OF UTTAR PRADESH], [02700024368]
"Overloading and capacity considerations" - Overloading a vehicle does not automatically bar liability of insurer; MACT decisions consider capacity, license validity, and the core principle that insurers cannot evade liability solely on policy-breach grounds when causation remains linked to the accident - [02700024368]
"Transport endorsement and licence validity" - Driving a goods vehicle requires appropriate endorsement; possession of a light motor vehicle licence may suffice for some contexts, but transport endorsement is critical for goods carriage; evidence-based interpretation of Section 2(21), 2(28) and related rules guides liability - [Hanuman Singh VS Sona Devi], [NEW INDIA ASSURANCE CO. LTD. VS SUNIL KUMAR GUPTA]
"Complaint redress under Consumer Protection Act interplay" - Where insurance disputes intersect with consumer protection, courts analyze policy terms, depreciation limits, and total loss assessments; deficiencies in service can be established where insurance repudiation is improper - [NEW INDIA ASSURANCE CO. LTD. VS AJAY KUMAR], [ORIENTAL INSURANCE CO. LTD. VS GULAB SINGH], [NEW INDIA ASSURANCE CO. LTD. VS SUNIL KUMAR GUPTA]
"Section 163-A – no-fault style relief" - Courts apply Section 163-A to ensure timely compensation for death/injury even where vehicle ownership or insurance specifics are contested; the driver/owner may be liable jointly and severally to ensure relief - [Oriental Insurance Co. Ltd. VS Sumitra Roy], [Rajbir VS Smt. Sanju & Ors. ]
"Liability transfer scenarios" - Insurance remains liable where vehicle was insured at the time of accident despite ownership transfer; insurer can bear initial compensation with rights to recover from owner/driver as per Section 149(2) construct - [Beauti Barman VS National Insurance Co. Ltd. ], [Oriental Insurance Company Limited VS Harish Chandra Joshi]
"Registration and dealer liability" - Liability for compensation does not extend to dealers for unregistered vehicles where ownership transfers; registration duties rest with the owner; dealers are generally not liable for civil claims arising from accidents due to unregistered vehicles - [Chinnasamy Agencies VS Amala Jesudas]
"Section 207 seizures and release authority" - Vehicle seizure and release under Section 207 is governed by MV Act provisions and overrides general law; appropriate authorities empowered to release on application, within Act’s framework - [RAM SEWAK JAISWAL VS STATE OF UTTAR PRADESH], [The Registrar (Administration) Madurai Bench of the Madras High Court, Madurai VS The State of Tamil Nadu, rep. by its Secretary to Govt. , Home Department, Fort St. George, Chennai]
"Overarching enforceability of MV Act norms" - The corpus of case law reinforces that statutory restrictions must be procedurally proper (Gazette notification, justified public interest) and substantively grounded in safety/public welfare; administrative actions must align with constitutional rights to movement and due process - [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department], [National Insurance Co. Ltd. VS Asan Dei]
"Premise of Section 215 – NRSC guidance" - The Act envisions a central and state-level leadership in road safety, data collection, driver licensing reforms, and trauma care; courts frequently cite the policy architecture to interpret expand/limit powers under Section 215 - [State of Tamilnadu Rep. by its Secretary Home, Prohobition & Excise Dept. VS K. Balu], [NEW INDIA ASSURANCE CO. LTD. VS AJAY KUMAR]
"Impact on public rights vs. regulatory restrictions" - Restrictions on movement must balance public safety with constitutional freedoms; when a route is in a sanctuary or protected area, restrictions must be tightly tethered to statutory powers and public interest, with proper process and gazette publication - [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department], [S. Prathap VS The Regional Transport Officer]
"Section 49/41-vehicle fitness and permits" - Vehicle fitness certificates and permits under MV Act are preconditions to liability for insurance; where permits or fitness are in dispute, tribunals assess enforceability and the corresponding liability matrix between insurer and owner - [V. M. Augustine VS Ayyappankutty @ Mani, Puthimadathil], [HARESH KUMAR TRILOKNATH SHARMA VS NATIONAL INSURANCE COMPANY LTD. ]
"Judicial approach to compensation quantum" - Tribunals use notional income, age, multiplier, and future prospects; appellate courts adjust quantum and emphasize that compensation jurisprudence derives from a coherent framework including Pranay Sethi-era principles - [Future General India Insurance Co. Ltd. VS Amarjeet Kaur], [The Registrar (Administration) Madurai Bench of the Madras High Court, Madurai VS The State of Tamil Nadu, rep. by its Secretary to Govt. , Home Department, Fort St. George, Chennai]
"Synthesis" - Section 115's restricted-use regime requires strict compliance with Gazette publication and lawful justification; Section 215 empowers road-safety governance; insurance/liability interplay under Sections 149, 166, 147 and 163-A shapes compensation and recoveries; enforcement must be grounded in statutory text and sound policy - [Dharamjeet Singh, S/o Late Shri. K. N. Singh VS State of Chhattisgarh, Through the Secretary, Forest Department], [State of Tamilnadu Rep. by its Secretary Home, Prohobition & Excise Dept. VS K. Balu], [Oriental Insurance Company Limited VS Harish Chandra Joshi]
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.]
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 infrastructure and control of traffic
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 National Road Safety Board
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 in sub-section (3) of sec
(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 licence or permit issued or granted under th
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