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MADHYA PRADESH MOTOR VEHICLES RULES, 1994

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R.1 Short title and application --

       (1) These rules may be called the Madhya Pradesh Motor Vehicles Rules, 19941.
       (2) They shall, have as expressly provided otherwise, apply to and in relation to all Motor Vehicles in the State of Madhya Pradesh.
       (3) These rules shall come into force with effect from the date of publication in the "Madhya Pradesh Gazette."


R.2 Definitions --

       In these rules, unless the context otherwise requires--
       (a) "Act" means the Motor Vehicles Act, 1988 (No. 59 of 1988);
       (b) "Deputy Transport Commissioner" and "Assistant Transport Commissioner" means the Officers appointed as such by the State Government to perform the duties and functions of Deputy Transport Commissioner or Assistant Transport Commissioner under these rules;
       (c) "Central Rules" means the Central Motor Vehicles Rules, 1989 framed by the Government of India under the Motor Vehicles Act, 1988 (No. 59 of 1988);
       (d) "Form" means a Form set-forth in the First Schedule appended to these Rules;
       (e) "Transport Department" means the Motor Vehicles Department established by the State Government und

R.3 Licensing Authority --

       1[(1) Except in the case of Driving Schools or Institutions, the Licensing Authority shall be Officers of the Transport Department of the rank of Assistant Regional Transport Officer or above or any other authority notified for the said purpose by the State Government.]
       (2) The Licensing Authority for the purposes of Licensing and regulation of Schools or establishments for imparting instructions in driving of motor vehicles, and matters connected therewith shall be the Regional Transport Officer or such other Officer not below the rank of Regional Transport Officer as authorised by the State Government by notification, in the Madhya Pradesh Gazette.
       1[(3) The powers of the Licensing Authority will extend to those categories of vehicles and for that area of the State as the State Government may by order, determine or as specified by the

R.4 Testing Officer --

       The test as set forth in sub-section (5) of section 8 and the test of competence to drive as set forth in sub-section (3) of section 9 of the Act shall be conducted by the Licensing Authority or a Transport Inspector, or a Board, constituted by the State Government from time to time.


R.5 Production of Vehicle --

       Subject to the provisions of sub-section (6) of section 9 of the Act the applicant shall furnish a serviceable vehicle of the class to which the application relates and present himself for the test at such time and place as may be specified by the Licensing Authority.


R.6 Medical Practitioner/Medical Examination Fee --

For the purposes of sub-section (3) of Section 8 of the Act the registered medical practitioner having MBBS degree in Allopathy from the recognised University, is authorised to examine the applicant for driving licence and for issue of Medical Certificate in Form 1-A of the Central Rules on payment of fee prescribed under rule 24.


R.7 Authorisation to drive Transport Vehicle --

       (1) A certificate for authorization to drive a transport vehicle shall be made in Form M.P. M.V.R.-1 (ATVA) alongwith :--
       (a) the driving license issued in form 6 or 7 of the Central Rules; and
       (b) the fee as specified in rule 24.
       (2) The Licensing Authority to which application is made for grant of authorisation under this rule may, if it thinks fit, in order to ascertain whether the applicant is a fit person for being granted the authorisation and whether the applicant is not disqualified for holding or obtaining a driving licence or to drive otherwise, make enquiries into the character and antecedents from the Superintendent of Police within whose jurisdiction the applicant resides.
       (3) If the Licensing Authority is satisfied that the applicant i


Legal Commentary on Madhya Pradesh Motor Vehicles Rules, 1994 - Section R.7

Introduction

Section R.7 of the Madhya Pradesh Motor Vehicles Rules, 1994, pertains to the procedural requirements for obtaining authorization to drive a transport vehicle within the state. It forms part of the regulatory framework governing commercial and public service vehicles, ensuring that drivers possess the necessary certification to operate such vehicles legally.

What does Section R.7 Say

Section R.7 stipulates that a certificate for authorization to drive a transport vehicle must be issued in Form M.P.M.V.R.-1. This certificate serves as official proof that the driver has met the prescribed criteria to operate a transport vehicle in Madhya Pradesh.

Essential Ingredients

  • Authorization Certificate: Must be issued in the prescribed form (Form M.P.M.V.R.-1).
  • Form Specification: The certificate must conform to the format specified by the rules.
  • Legal Requirement: The section mandates the procedural aspect of certification but does not specify eligibility criteria or penalties.

Scope of Section R.7

  • Applicability: Applies to drivers seeking authorization to operate transport vehicles in Madhya Pradesh.
  • Procedural Focus: Primarily deals with the issuance process of the authorization certificate.
  • Vehicle Types: Encompasses all transport vehicles requiring such certification, including commercial and public service vehicles.

Punishment for Section R.7

  • Direct Penalties: The section itself does not prescribe any punishment or penalty for non-compliance.
  • Related Offences: Violations related to driving without proper authorization may attract penalties under the Motor Vehicles Act, 1988, or other relevant provisions.

Legal Comments

  • "Authorization" - Central to the section, emphasizing the need for official certification before operating a transport vehicle - .
  • "Form M.P.M.V.R.-1" - Prescribed format for the authorization certificate, ensuring standardization and legal validity - .
  • "Procedural Requirement" - Focuses on the process of issuing certificates, not on eligibility or qualifications, which are likely covered elsewhere - .
  • "No Punishment Prescribed" - The section does not specify penalties; violations may be penalized under broader motor vehicle laws - .
  • "Scope" - Applies specifically to drivers of transport vehicles requiring official authorization, including commercial drivers - .
  • "Legal Validity" - The certificate in Form M.P.M.V.R.-1 is essential for legal operation of transport vehicles in Madhya Pradesh - .
  • "Regulatory Framework" - Part of the comprehensive rules governing motor vehicle operation, emphasizing procedural compliance - .
  • "Enforcement" - Enforcement likely rests with transport authorities who issue and verify the certificates - .
  • "Related Rules" - The rules on licensing and permits complement this section, forming a cohesive regulatory scheme - .
  • "Vehicle Types" - Encompasses all transport vehicles, including those with more than three wheels, trailers, and semi-trailers - .
  • "Legal Certification" - Ensures only qualified drivers operate transport vehicles, promoting safety and compliance - .
  • "Procedural Clarity" - Clear format and process help prevent arbitrary or illegal issuance of certificates - .
  • "Implication of Non-Compliance" - Operating without such authorization may lead to penalties under the Motor Vehicles Act, 1988 - .
  • "Administrative Authority" - The Regional Transport Authority or designated authority is responsible for issuing these certificates - .
  • "Legal Certainty" - Standardized form and procedure provide legal certainty and facilitate enforcement - .
  • "Policy Objective" - To regulate and monitor drivers of transport vehicles, ensuring they meet requisite standards - .

Note: The analysis is based on the available sources and the typical legal framework surrounding transport vehicle authorization in Madhya Pradesh.

R.8 Driver's Badge of Transport Vehicle --

       (1) A circular plastic or metal badge shall be issued by the Licensing Authority to every person, who has been granted an authorisation to drive a transport vehicle under rule 7 on payment of fee as specified in rule 24.
       (2) The badge shall be in the form illustrated in the Second Schedule appended to these rules and inscribed with the head-quarters of the Licensing Authority by which the badge is issued, the words ??? (I) an identification number and ??? (I).
       (3) The driver of a transport vehicle shall while on duty, display the badge on the left side of his chest.
       (4) No driver shall hold more than one such badge.
       (5) If the badge is lost or destroyed a duplicate badge shall be issued by the authority by which it was issued, on an application made

R.9 Uniform for Driver or Public Service Vehicle --

       The driver of a Public Service Vehicle shall wear the following uniform :--
       (a) Khaki Bush-Shirt or Coat with four pockets with Flaps;
       (b) Khaki full pant; and
       (c) Khaki Cap or Turban :
       Provided that the State Government may, by general or special order, exempt all or any class of such drivers from the operation of this rule for such period as may be specified in the order.


R.10 Display of Name Plate --

A Name Plate to be displayed by the driver of a Public Service vehicle shall, be in black back-ground or a metal or plastic Plate of the size of 8 Centimeters x 2 Centimeters, inscribed with the name of driver in bold white letters in Hindi in Devnagri Script of the size of 6 millimeter. The cost of such plate shall be borne by the wearer himself.


R.11 Issue of Duplicate Driving Licence --

       (1) If at any time a driving licence is lost, destroyed or mutilated the holder shall forthwith intimate the fact in writing and may apply for a duplicate in Form M.P.M.V.R.-3 (LLD) to the Licensing Authority in whose area he has his place of residence at the time.
       (2) The holder of the driving licence shall furnish to the Licensing Authority three clear copies of recent photograph of himself in passport size.
       (3) Upon the receipt of the application as aforesaid, the Licensing Authority shall if it is not the authority by which the driving licence was issued, transmit a copy of the photograph and call for the particulars of the driving licence and of any endorsement thereon from original licensing authority and may make such enquiries as it thinks fit.
       (4) The Licensing Authority may, ask the

R.12 Precautions while issuing Learner's License --

       1[(1) When the applicant presents himself before the Licensing Authority for testing, the Licensing Authority shall verify that the address of the applicant and his age are correct.
       (2) In case a Learner's License is lost or destroyed, the holder will, in his application, bring this fact to the notice of the Licensing Authority which has issued the Learner's License and shall deposit the fees specified in Rule 24 for the second copy along with application in MPMVR-4, and on receipt of such application the Licensing Authority shall verify the identity of the applicant and shall take further action as if the said application was for a new Learner's License.]
       ______________________
       1. Substituted by Notification No. F-22-158-2005-VIII dated the 19th January, 2006. Published in M.P. Rajpatra (Asad

R.13 Temporary Authorisation in Lieu of Driving Licence --

       (1) Where the holder of a driving licence has submitted the driving licence to the Licensing Authority for renewal and has deposited the prescribed fee or where a Police Officer or Officer of the Transport Department or Court has taken temporary possession of a driving licence under sub-section (2) of Section 206 of the Act for any purpose and the driving licence has not been suspended or cancelled, the Licensing Authority or the Police Officer or the Officer of the Transport Department or the Court, as the case may be shall give him a temporary acknowledgment under sub-section (3) of the said section for the driving licence and temporary authorisation to drive in Form M.P.M.V.R.-5 (L Tern) and the production thereof on demand, shall be deemed to be production of the driving licence.
       (2) Until the driving licence has been returned to the holder, he shall not be entitled to drive a

R.14 Communication of Additions or Renewals to Driving Licence --

       (1) A Licensing Authority making addition under section 11 of the Act to the classes of motor vehicles which a driving licence authorises the holder to drive, shall, if it is not the authority by which the driving licence was issued inform of such addition to the original licensing authority in Form M.P.M.V.R.-6 (L.Ad.).
       (2) A Licensing Authority renewing a driving licence shall, as required by the provisions of sub-section (6) of section 15 of the Act, inform of such renewal to the Licensing Authority which issued the driving licence in Form M.P.M.V.R.-7 (DLR).


R.15 Disqualification from holding Driving Licence, etc. --

       (1) Where a Licensing Authority declares a person disqualified or revokes any driving licence under sub-section (1) of section 19 of the Act, it shall:--
       (a) If the person holds a licence, endorse the licence accordingly;
       (b) cause an entry made to this effect in the driving licence register and the State Register of Driving Licence; and
       (c) send intimation of such disqualification or revocation to the authority by whom the licence was issued.
       (2) On receipt of an intimation under clause (c) of sub-rule (1), the Licensing Authority shall cause an entry made in the driving licence register and the State Register of Driving Licence.


R.16 Communication of disqualification or Endorsement by Court --

       (1) The Court declaring a person disqualified under section 20 or making an endorsement under section 24 of the Act shall send intimation in Form M.P.M.V.R.-8 (LE) to the Licensing Authority by which the driving licence was issued and the Licensing Authority by which it was last renewed.
       (2) On receipt of an intimation under sub-rule (1) about an endorsement on a driving licence or disqualification from the court, the Licensing Authority shall cause an entry made in the driving licence register and the State Register of Driving Licence.


R.17 Duties and Conduct of Drivers of Stage Carriages and Contract Carriages --

       (1) The driver of a stage carriage or a contract carriage, other than a motor-cab--
       (i) shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for a driver's seat or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;
       (ii) shall, subject to any rules or regulations in force prohibiting the taking up or setting down of passengers at or except at certain specified places, bring the vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passengers desiring to alight from the vehicle, and unless there is no room in the vehicle, upon the demand or signal, of any person desiring to become a passenger;
       (iii) shall, not wh

R.18 Special Duties and Functions of Drivers of Motor Cabs --

       (1) The drivers of the first two motor cabs on any stand shall always stay near their motor cabs which shall be ready for immediate hiring by any person.
       (2) All drivers shall move their motor cabs up as vacancies occur on the stand.
       (3) Every motor cab shall be kept with front wheels straight at a distance of not less than 30 c.m., from the motor cab immediately in front of it and where stand is by the side of kerb parallel to and not more than 30 c.m. from the kerb.
       (4) No driver shall allow his motor cab to remain on the stand if it is disabled unless the disablement is of a temporary nature which can be immediately remedied and is so remedied.
       (5) No driver shall allow his motor-cab when it is not engaged to remain at any place other than a stan

R.19 Duties, Functions and Conduct of Drivers of Goods Carriage --

       The driver of a goods carriage--
       (i) shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the drivers seat as provided under Chapter VII of these Rules or Act or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;
       (ii) shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when its brake, tyre or lamp thereof is in a defective condition likely to endanger any occupant or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filling station on the route;
       (iii) shall not demand or extract any freight in excess of that to which he

R.20 Exemption of Driver of Road Roller --

Sub-section (1) of section 3 of the Act shall not apply to the driver of a road roller.


R.21 Appellate Authority.--

       The authority empowered under sub-section (8) of section 9, sub-section (2) of section 17 and sub- section (3) of section 19 of the Act to hear appeal against the decision of a Licensing Authority shall be the Transport Commissioner or any other officer not below the rank of the Deputy Transport Commissioner authorised by the State Government.


R.22 Conduct and hearing of Appeals --

       (1) An appeal referred to in rule 21 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the Licensing Authority and shall be accompanied by the fee as specified in rule 24 and the certified copy of the order appealed against.
       (2) When an appeal is filed, a notice shall be issued to the authority against whose order the appeal is preferred in such form as the Appellate Authority may direct.
       (3) The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry, as it may deem necessary, may confirm vary or set aside the order from which the appeal is preferred and shall make an order accordingly and the order of the Appellate Authority shall be final.
       (4) The Appellate Authority

R.23 Maintenance of State Register of Driving Licence --

       (1) The Licensing Authority shall maintain a register in Form-10 of the Central Rules in respect of driving licences issued by it and enter the renewal and additions of such licences therein.
       (2) The Licensing Authority shall also maintain a register in Form M.P.M.V.R 9-A (FDLR) in respect of renewal of or addition in a driving licence issued by the Licensing Authority of other region or State.
       (3) As soon as the licence is issued or renewal or addition is allowed therein to a person, the Licensing Authority shall cause an entry to be made in the register mentioned under sub-rule (1) or sub-rule (2) as the case may be.
       (4) State book with duplicate pages; the original of which shall be sent to the officer or person designated by Transport Commissioner for the custody of State Register of Drivi

R.24 Fees --

       1[The fees which shall be charged under the provisions of this chapter shall be as specified below:--
       S. No. Purpose Amount
       (1) (2) (3)
       1. In respect of issue of medical Certificate Rs. 50.00
       2. In respect of issue of duplicate learning license Rs. 50.00
       3. In respect of issue of duplicate driving license --
       (in form No. 6) Rs. 150.00
        (in form No. 7) Rs. 200.00
       4. In respect of issue of authorization to the driver of Transport Vehicle Rs. 200.00
       5. In respect of issue of badge and for issue of a duplicate badge to the driver o

R.25 Licensing Authority --

       (1) The Licensing Authority for Conductor's Licence shall be the Regional Transport Officers or the Additional Regional Transport Officer or Assistant Regional Transport Officer.
       (2) The area of Jurisdiction of each Licensing Authority shall be the Region or such other area as the State Government may notify from time to time.


R.26 When driver or any person can act as Conductor without Licence --

       (1) Where in an emergency it becomes difficult for the permit holder to provide for a conductor for his stage carriage, or where a Conductor on duty for reasons beyond his control, cannot perform his duties, the driver of a stage carriage may act as a conductor of stage carriage without holding a conductor's Licence under sub-section (1) of section 29 of the Act.
       (2) Any person other than driver of a stage carriage may act as a conductor without holding a conductor's licence, for a period of not exceeding one month :
       Provided that--
       (i) he intimates his intention to do so to the Licensing Authority within whose jurisdiction he intends to act as a conductor in Form M.P.M.V.R.-10 (L Con. Int); and
       (ii) he is not disqualified for holding a conductor's

R.27 Application for a Conductor's Licence --

       (1) An application for a conductor's licence as required by sub-section (1) of section 30 of the Act shall be made in Form M.P.M.V.R.-11 (L. Con. A) and shall be accompanied by--
       (a) a medical certificate of fitness in Form M.P.M.V.R.-12 (M C Con.) signed by a registered medical practitioner; and issued not more than 30 days prior to the presentation of application.
       (b) valid First Aid Certificate in Form M.P.M.V.R.-13 (F A) issued by the Civil Surgeon or the District Health Officer;
       (c) two clear copies of the applicants recent photographs of passport size;
       (d) fee as specified in rule 40;
       (e) certificate of educational qualifications;
       (f) evidence of address

R.28 Renewal of Conductor's Licence --

       (1) An application for the renewal of a Conductor's licence shall be made in Form M.P.M.V.R.-15 (L. Con. R.) to the Licensing Authority and shall be accompanied by--
       (a) The Conductor's Licence in original;
       (b) three copies of the applicants recent Photograph of passport size;
       (c) a Medical Certificate of fitness in Form M.P.M.V.R.-12 (M. C. Con.) signed by a Registered Medical Practitioner and issued not more than 30 days prior to the date of presentation of application;
       (d) fee as specified in rule 40.
       (2) Upon receipt of an application for the renewal of a conductor's licence, the Licensing Authority may, after making such enquiries as it may deem necessary, renew the licence.
(3) A Licensing Author

R.29 Qualification for Grant of Conductor's Licence --

       No person shall be granted a conductor's licence unless he satisfies the Licensing Authority that--
       (a) he has adequate knowledge of provisions of the Act and the rules made thereunder and in particular the knowledge relating to the duties and functions of a conductor;
       (b) he possesses a good moral character;
       (c) he has passed VIII standard examination or above and possesses working knowledge of the language of the area in which he intends to work as a conductor.


R.30 Appellate Authority --

       The authority empowered under sub-section (2) of section 33 and sub-section (4) of section 34 of the Act to hear appeal against the order of the Licensing Authority shall be the Collector of the District.


R.31 Conduct and hearing of Appeals --

       (1) An appeal under rule 30 shall be preferred in duplicate in the form of a memorandum setting forth concisely the grounds of objection to the order of the Licensing Authority, and shall be accompanied by a fee as specified in rule 40 and a certified copy of the order appealed against.
       (2) When an appeal is filed, a notice shall be issued to the authority against whose order the appeal is preferred in such form as the Appellate Authority may direct.
       (3) The Appellate Authority or the Licensing Authority may give any person interested in an appeal copies of any document connected with the appeal on payment of fee as specified in Rule 40.
       (4) The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry, as it may deem necessary, may confirm, vary

R.32 Duties and Conduct of Conductors --

       (1) The conductor of stage carriage --
       (i) shall as far as may be reasonably possible having regard to his duties be responsible for the due observance of the provisions of the Act and these rules;
       (ii) shall not smoke while on duty in the vehicle;
       (iii) shall behave in a civil and orderly manner with passengers and intending passengers;
       (iv) shall be cleanly dressed in the uniform as specified in rule 36;
       (v) shall, while on duty display the name plate as specified in rule 37;
       (vi) shall maintain the vehicle in clean and sanitary condition;
       (vii) shall not interfere with any person boarding or preparing to board any

R.33 Prohibition against holding more than one Licence --

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


R.34 Affixing of Photograph --

       The photograph of the holder of a conductor's licence shall be affixed on the licence and sealed with the seal of the Licensing Authority in such manner that part of the impression of the seal is upon the photograph and part on the margin.


R.35 Issue of duplicate Conductor's Licence --

       (1) If at any time a conductor's licence is lost, destroyed or mutilated the holder shall forthwith intimate the fact in writing and may apply for a duplicate in Form M.P.M.V.R.-18 (CLD) to the Licensing Authority in whose area he has his place of residence at the time.
       (2) The holder of the conductor's licence shall also furnish to the Licensing Authority three clear copies of his recent photograph in passport size.
       (3) On receipt of an application under sub-rule (1) the Licensing Authority if it is not the authority by whom the conductor's licence was issued, shall transmit a copy of the photograph and call for the particulars of the conductors license and of any endorsement thereon from the original licensing authority and may make such enquiries as it thinks fit.
       (4) The Licensing Authorit

R.36 Uniform for Conductor of Stage Carriages --

       The conductor of a stage carriage shall wear following uniform :--
       (a) Khaki Bush-Shirt or Coat, with four pockets with flaps;
       (b) Khaki Trousers of Police Pattern; and
       (c) Khaki Cap or Turban.


R.37 Display of Name Plate --

       A name plate to be displayed by the conductor of a stage carriage shall be in black background on metal or plastic plate of the size of 8 c.m. x 2 c.m. inscribed with the name of Conductor in bold white letters in Hindi Devnagri Script of the size of 6 m.m., the cost of such plate shall be borne by the wearer himself.


R.38 Conductor's Badge --

       (1) The Licensing Authority issuing Conductor's licence shall also issue simultaneously on payment of fee as specified in rule 40 metal badge inscribed with its name, the word ??? (I) and in identification number, in the form illustrated in the Second Schedule appended to these Rules.
       (2) If the badge is lost or destroyed, a duplicate badge shall be issued on payment of fee as specified in rule 40 by the authority which issued it on an application made to it in Form M.P.M.V.R.-19 (DCB). In case the original badge is lateron found by the conductor, he shall return the duplicate badge to the issuing authority.
       (3) No conductor shall lend or transfer to any other person, or permit the use by any other person of the badge issued to him under sub rule (1).
       (4) If at any time a conductor's licence i

R.39 Effectiveness of Conductor's Licence Issue by any other State than the State of Madhya Pradesh --

A person can act as a conductor having a conductor's licence issued in any other State only if the stage carriage is operating in the State of Madhya Pradesh under the reciprocal transport agreement entered with the State Government.


R.40 Fees --

       1[The fees which shall be charged under the provisions of this chapter shall be as specified below :--
       Sl. No. Purpose Amount
       (1) (2) (3)
        Rs.
       1. In respect of issue or renewal of conductor's licence. 100.00
       2. In respect of issue of duplicate conductor's licence. 150.00
       3. In respect of issue of a conductor's Badge. 100.00
       4. In respect of issue of a duplicate Conductor's Badge. 150.00
       5. In respect of an appeal against the orders of the Licensing Authority. 100.00
       6. In respect of supplying a copy of the decision/document--

R.41 Registering Authority --

       1[The Registering Authority shall be the Regional Transport Officer, Additional Regional Transport Officer, District Transport Officer or such other person as may be authorised by the Transport Commissioner as the Registering Authority.
       (2) The Registering Authority for issuing letter of authority to the authorised testing stations, shall be the Regional Transport Officer/Additional Regional Transport Officer or District Transport Officer or such other officer as may be authorised by the Transport Commissioner as the Registering Authority.
       (3) The area of jurisdiction of each Registering Authority shall be such as may be prescribed by the Transport Commissioner.]
       ________________
       1. Amended by Notification No. F-22-181-2005-VIII dated 8th November,

R.42 Security Deposit by the Operator of Testing Station --

       The amount of security deposit specified in clause (b) of sub-rule (2) of rule 63 of Central Rules shall be deposited by the operator of the testing station through Bank draft drawn on any scheduled Bank situated within the jurisdiction of the Registering Authority.


R.43 Appellate Authority --

       The authority to hear appeals under sub-section (1) of section 57 of the Act against the order passed by a Registering Authority or a prescribed authority specified under sub-rule (1) of rule 50 shall be the Transport Commissioner or such other officer not below the rank of Deputy Transport Commissioner as may be authorised by the State Government by notification in the Official Gazette.


R.44 Conduct and hearing of Appeals --

       (1) An appeal against the orders under the provisions referred to in sub-section (1) of section 57 shall be preferred, in duplicate, in the form of a memorandum setting forth concisely the grounds of objections to the order appealed against and shall be accompanied by appropriate fee as specified in rule 62 and a certified copy of such order.
       (2) The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry as it may deem necessary may confirm, vary or set aside, the order appealed against and shall make an order accordingly.
       (3) Any person preferring an appeal under this rule shall be entitled to obtain a copy of any document filed with the Registering Authority in connection with any order against which he is preferring an appeal on payment of fee as specified in rule 62.
  &

R.45 Temporary Registration --

       (1) An application for temporary registration or extension of period of validity thereof shall be made to the Registering Authority in Form M.P.M.V.R.-20 (C.R. Temp. A) and shall be accompanied by fee as specified in rule 62.
       (2) An Officer of a manufacturer of motor vehicle posted at the place of manufacturing or at the Regional Sales Office of the manufacturer, as the case may be, in respect of the motor vehicle, on the chassis whereof new bodies are built by it, shall also be competent to grant temporary certificate of registration under this rule, if so authorised by the Transport Commissioner :
       Provided that the Transport Commissioner shall not give such approval unless he is satisfied that the manufacturer, manufactures a substantial number of motor vehicles.
       (3) A temporary certificate

R.46 Additional Information to be furnished by the owner of a Transport Vehicle --

       In addition to the requirements as provided under rule 47 of the Central Rules, the following information and documents shall be furnished by or on behalf of the owner of Transport vehicle, at the time of registration or recording alteration in the certificate of registration of motor vehicle :--
       (a) A blue print of body construction or alteration of body on a chassis, to be provided by the body builder. Such blue print shall among other dimensions and details of vehicle and alterations, if any provide specifically all measurements of body, seats, floor space, doors and windows, sketch map seating arrangement with name, address and dated signature of body builder. The owner of the vehicle shall also sign with date the blue print and write his full name, and address thereon.
       (b) Three outside coloured photographs of the transport vehicle

R.47 Delay in making application for Registration & Renewal thereof --

       If the owner fails to make an application under sub-section (1) or sub-section (8) of section 41 within the prescribed period, the Registering Authority may on considering the circumstances of the case require the owner to pay, in lieu of any action as may be taken against him under section 177 an amount as follows :--
       (a) Rs. 50/- if the delay does not exceed thirty days; or
       (b) Rs. 100/- if the delay exceeds thirty days.


R.48 Issue or Renewal of Certificate of Fitness --

       (1) A certificate of fitness shall be issued or renewed by the Registering Authority or subject to its general control and direction by such officer of the Transport department not below the rank of Transport Sub-Inspector as may be authorised by it in this behalf or by an operator of the authorised testing station specified by the Government under sub-section (2) of section 56 of the Act,
       (2) An application for issue or renewal of certificate of fitness shall be made in Form M.P.M.V.R.-22 (C.F.A.), to the Registering Authority or the operator of the authorised testing station in whose jurisdiction the vehicle is normally kept or whose functional area includes the major portion of the route or area to which the permit relating to the vehicle extends and shall be accompanied with a tax clearance certificate in Form M.P.M.V.R.- 23 (T.C.C.).
      &nbs

R.49 Register of certificate of fitness --

       (1) Registering Authority or other officer or authorised operator of a testing station granting certificate of fitness, shall maintain following registers for the record of certificate of fitness :-
       (a) Datewise issue and check register of certificate of fitness in Form M.P.M.V.R.-26 (DFCR);
       (b) Vehiclewise issue register of certificate of fitness in Form M.P.M.V.R.-27 (VFCR).
       (2) The Authority, officer or operator responsible for maintaining registers which are prescribed in sub-rule (1) shall send a monthly report to Transport Commissioner by the fifth of the succeeding month in Form M.P.M.V.R.-28 (F.C.S.) and also circulate the list of defaulted vehicle due for renewal of certificate of fitness to concerning authority for appropriate action.


R.50 Cancellation of Certificate of Fitness --

       (1) The Registering Authority or any other officer of the Transport Department not below the rank of Transport Sub-Inspector shall be the prescribed authority for the purpose of sub-section (4) of Section 56.
       (2) The authority, mentioned in sub-rule (1) cancelling a certificate of fitness shall give the owner or other person in charge of the vehicle a notice in Form M.P.M.V.R.-29 (C.F.C.) and shall alongwith a report of his action forward the certificate of registration, certificate of fitness, permit, if any, to the Registering Authority under whose direction or control he may be.
       (3) If the authority, cancelling the certificate of fitness under this rule is of the opinion that the vehicle can be safely driven at a reduced speed to a place of repair may endorse in Form M.P.M.V.R.-30 (C.F.X.) specifying the speed limit and other conditio

R.51 Issue of duplicate Certificate of Fitness --

       (1) If a certificate of fitness is lost, destroyed, or mutilated the owner of a transport vehicle shall forthwith report the matter to the Authority by whom the certificate was issued or last renewed and shall apply for a duplicate in Form M.P.M.V.R.-31 (CFLD) together with fee as specified in rule 62.
       (2) Upon receipt of an application under sub-rule (1) the Registering Authority of the Authorised Testing Station as the case may be shall furnish the owner a duplicate copy of the Certificate duly stamped 'Duplicate' in red ink.
       (3) Where a duplicate certificate of fitness has been issued upon representation that a certificate of fitness has been lost and the original certificate of fitness is afterwards found or received by the holder, the holder shall immediately return the duplicate to the Registering Authority or the Authorised Testin

R.52 Exemption from payment of registration fee --

       (1) No fee shall be charged for the registration of the following classes of motor vehicles, namely :--
       (a) Motor Vehicles, owned by the State or Central Government and used solely for the purposes other than commercial enterprises;
       (b) trailer or trailers owned by a bona fide agriculturist to the extent of one trailer used exclusively for agricultural purposes;
       (c) Motor Vehicles used exclusively for fire brigade purposes; and
       (d) ambulances and other motor vehicles designed and intended to be used exclusively for affording free medical and other relief.
       (2) The State Government may, by notification exempt any person or class of persons from payment of all or any portion of the fee payable under Chapter

R.53 Change of Address --

       (1) Upon receipt of application for change of address, the Registering Authority shall record the change of the address in the Motor Vehicle Registration Register and in the Register of Demand and collection of Motor Vehicles Tax and also record the change of address in the certificate of registration.
       (2) In case the new address is located in the jurisdiction of the Registering Authority other than the original Registering Authority the application shall be made to the Registering Authority under whose jurisdiction the new address is located alongwith the certificate of registration.
       (3) The other Registering Authority shall record the change of address in the certificate of registration and shall intimate the original registering authority who will correct the Motor Vehicle Registration Register and the Register of Demand and Collectio

R.54 Intimation of transfer of ownership --

       (1) Upon receipt of intimation regarding transfer of ownership in the forms prescribed under Central Rules, the Registering Authority shall, after making such reasonable enquiry as he may deem fit for assessing the genuineness of the transfer of the vehicle and after making physical inspection of the vehicle, effect the transfer of ownership on the registration certificate.
       (2) Communication of transfer of ownership to the original Registering Authority and to the transferee under sub-section (7) of Section 50 of the Act shall be in Form M.P.M.V.R.-32 (GRTI).
       (3) For the purposes of sub-section (3) of section 50 having regard to the period of delay on the part of the transferor or the transferee or the other person referred to in sub-section (2) of the said section in reporting the fact of transfer of ownership of motor vehicle, the Regi

R.55 Assignment of new Registration Mark --

       (1) Upon receipt of the application as required by sub-section (1) of section 47, the Registering Authority shall before assigning the registration mark call for the particulars of registration of the vehicle from the original authority for the purpose of verifying the particulars and shall also make a physical inspection of the vehicle before proceeding to assign a new registration mark.
       (2) The provision of rule 46 shall also apply to the transport vehicles of other State at the time of assignment of a new registration mark, under section 47, in Madhya Pradesh.
       (3) The Registering Authority assigning a new registration mark to a motor vehicle shall intimate the fact to the owner and the other party, if any, to an agreement of hire-purchase, lease or hypothecation specified in the note on the certificate of registration and shall write

R.55(a) Allotment of registration mark --

       2[(1) On receipt of an application made in writing by any person to the registering authority for reservation of registration mark, the registering authority shall reserve the registration mark in the following manner :-
       (a) Registration marks from 1 to 9 in any series prevalent within the jurisdiction of registering authority, shall be reserved on payment of fee of Rs. 15,000/- (Rupees Fifteen Thousand) for each registration mark.
       (b) For reservation of registration mark from number 10 to 100 in any series prevalent within the jurisdiction of the registering authority, on payment of fee of Rs. 12,000/- (Rupees Twelve Thousand) for each registration mark.
       (c) For reservation of registration mark number, 101, 111, 123, 200, 202, 222, 234, 300, 303, 333, 345, 400, 404, 444, 456, 500, 555, 567, 6

R.56 Re-assignment of Registration Number under certain conditions --

       (1) State Government may, by general or special order, direct all Registering Authorities of the State, to reassign the new number under the Act, in place of number allotted under the Motor Vehicle Act, 1939 (No. 4 of 1939) in respect of all or any class of vehicles and also prescribe the manner and condition thereof, and the provision of sub-section (6) of section 41 of the Act shall apply in this respect.
       (2) State Government while issuing order under sub-rule (1), shall provide a reasonable time which shall not be less than six months within which the owner of such vehicle shall obtain new number.
       (3) No fee shall be charged for the assignment of new number under sub-rule (1), if the owner applies within the prescribed time. Where the application is received after the expiry of prescribed period, a late fee of Rs. 100/- shall be payab

R.57 Exemption from Registration --

       3[The State Government may, by notification at any time direct that any motor vehicle or class of vehicles shall be exempted from the requirement of this chapter.]
       ---------------------------------
       3. Substituted by Notification No. F-22-158-2005-VIII dated the 19th January, 2006. Published in M.P. Rajpatra (Asadharan) dated 19-1-2006 Pages 84-84(1). Applicable only in Madhya Pradesh.


R.58 Supply of copy of particulars of Registration --

       Any person may obtain a copy of particulars of registration from the Registering Authority on payment of fee specified in rule 62.


R.59 Notice of alteration of Motor Vehicle --

       (1) The notice of alteration of motor vehicle by the owner of motor vehicle to the Registering Authority in accordance with sub-section (1) of section 52 of the Act, shall be in Form M.P.M.V.R.-34 (B.T.I.).
       (2) The Registering Authority may require the owner to produce motor vehicle before him or his nominee, for the purpose of verification of alteration in the vehicle and shall record the verified particulars in the registration certificate.


R.60 Intimation Regarding Stolen/recovered Motor Vehicles --

       (1) An officer-in-charge of the police station where the theft of a motor vehicle is reported by the owner or any other person in possession of the vehicle, shall, immediately after the registration of an offence send intimation to the State Transport Authority in Form M.P.M.V.R.-35 (MVT) and send a copy thereof to the Registering Authority where the vehicle is registered.
       (2) On receipt of this intimation under sub-rule (1), the Secretary, State Transport Authority shall inform all the registering authorities the details of the stolen vehicle in Form M.P.M.V.R.-36 (MVTR).
       (3) The Secretary State Transport Authority shall also maintain a register of stolen vehicles in Form M.P.M.V.R.-37 [MVT Reg. (T)].
       (4) The Registering Authority shall maintain the register of stolen vehicles in Form M.P.M.V

R.61 Maintenance of State Register of motor vehicles--

       (1) The Registering Authority shall maintain a 'State Register of Motor Vehicles' in the form as prescribed in the Central Rules.
       (2) This register may be in bound book form with duplicate pages, the original of which shall be sent to the Transport Commissioner at the end of each quarter.
       (3) As soon as the vehicle is registered the necessary entries shall be entered in the State Register of motor vehicles.
       (4) Each Registering Authority shall communicate every subsequent correction or entry in respect of registered vehicles to the officer or person designated by the Transport Commissioner for the custody of the 'State Register of Motor Vehicles' and such officer or person shall maintain the updating of the said Register.
       (5) The State Register of M

R.62 Fees --

       4[The fees which shall be charged under the provisions of the chapter shall be as specified below :-
       S. No. Purpose Amount
       (1) (2) (3)
       1. Issue of temporary registration or extension thereof and assignment of temporary registration mark--
        (a) Invalid carriage Rs. 10.00
        (b) Motor Cycle or Motor Cycle Rickshaw Rs. 100.00
        (c) Light Motor Vehicle-
        (1) Private Rs. 200.00
        (2) Transport Rs. 400.00
        (d) Medium Motor Vehicle or any other vehicle not mentioned above Rs. 250.00
       2. A

R.63 State Transport Authority --

       (1) The State Transport Authority shall have a Secretary to be appointed by the State Government and Assistant Transport Commissioner (Administration) shall be the Ex-Officio Assistant Secretary of the State Authority.
       (2) An official appointed to be a member of the State Transport Authority shall continue as such, until such time as the State Government may otherwise order. Subject to the provisions of sub-rule (3) a non official member of the State Transport Authority shall hold office for a period of three years.
       (3) The State Government may at any time remove any member of the State Transport Authority.
       (4) The State Transport Authority shall meet at such time and at such place as the Chairman may appoint.
       (5) Not less than three days notice sha

R.64 Regional Transport Authority --

       (1) The Regional Transport Officer or any other officer of the Transport Department not below the rank of the Regional Transport Officer shall be the Secretary of the Regional Transport Authority. The Additional Regional Transport Officer shall be the Additional Secretary of the Regional Transport Authority. The Regional Transport Authority may also have an Assistant Secretary, not below the rank of the Assistant Regional Transport Officer, as may be nominated by the Chairman, Regional Transport Authority.
       (2) An Official appointed to be a member of the Regional Transport Authority shall continue as such until such time as the State Government may otherwise order. Subject to the provisions of sub-rule (3) a non-official member of the Regional Transport Authority shall hold office for a period of three years.
       (3) The State Government may

R.65 Conduct of Business of Transport Authorities --

       (1) The Secretary, Additional Secretary and Assistant Secretary of a Transport Authority shall exercise such powers as specified in these rules and shall perform such administrative duties as may be directed by the Transport Authority from time to time.
       (2) The State or Regional Transport Authority as the case may be, may decide any matter of urgent nature without holding a meeting by the majority of votes of members by recorded in writing and send to the Secretary (hereinafter referred to as the procedure by circulation).
       (3) In the event of procedure by circulation being followed, the Secretary shall send to each member of the Transport Authority such particulars of the matter as may be reasonably necessary in order to enable the member to arrive at a decision and shall specify the date by which the votes of members are to be received

R.66 Delegation of powers by State Transport Authority --

       A State Transport Authority may by general or special resolution recorded in its proceedings and subject to such restrictions, limitation and conditions as may be specified delegate to the Chairman, Secretary, Assistant Secretary or any officer of the Transport Department not below the rank of Assistant Commissioner, the power:--
       (a) to permit replacement of one vehicle by another under section 83;
       (b) to suspend permit under section 86 of the Act and in lieu thereof to recover from the holder thereof a sum of money agreed upon in accordance with sub-section (5) of the said section;
       (c) to grant temporary permit under section 87, sub-section (7) of section 88 or special permit under sub-section (8) of section 88;
       (d) to countersign the permits or at

R.67 Delegation of powers by Regional Transport Authority --

       (1) A Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to such restrictions, limitations and conditions as may be specified, delegate to Chairman, Secretary, Additional Secretary or Assistant Secretary of the Authority all or any of the following powers, namely :--
       (a) to grant, refuse or renew a private service vehicle permit under sub-section (1) of section 76;
       (b) to grant, renew or refuse goods carriage permit under section 79;
       (c) to renew goods carriage permit under section 81;
       (d) to permit the replacement of one vehicle by another, under section 83;
       (e) to suspend a permit under section 86 or to recover from the holder thereof the sum of mo

R.68 Power of refusal to accept Applications for Permits --

Where the State Government by notification in official Gazette directed the Transport Authorities to limit the number of stage carriages or contract carriages generally or of any specified type under sub-section (3) of section 71, or sub-section (3) of section 74 respectively and has limited the number of vehicles of any class for which permits may be granted in any specified area or on any specified route and has actually granted permits equal to the maximum number of vehicles of any class, in such area or as the case may be, on such route, the Regional Transport Authority shall notify this fact on the notice board of its office and may decline to receive any further applications for permits in respect of the class of vehicles in the area or on the route aforesaid.


R.69 Reservation of Permits for Scheduled Castes and Scheduled Tribes --

       (1) Where the number of stage carriage is fixed under sub-section (3) of section 71 the number of permits reserved for Scheduled Castes and Scheduled Tribes shall be 15 and 18 percent respectively.
       (2) The Transport Authority shall maintain a roster of stage carriage and contract carriage permits reserved for Scheduled Castes and Scheduled Tribes in the same manner and as prescribed for the recruitment from these categories for the Government service.
       (3) No sooner any vacancy of permit occurs, the Regional Transport Authority shall decide according to the roster whether it should be reserved for scheduled caste or scheduled tribe. If the vacancy is so reserved for scheduled castes or scheduled tribes, no applications from other categories of persons shall be considered against the reserved vacancy.
      

R.70 Matters for Consideration of Application for Stage Carriage or Contract Carriage Permit--

       In addition to the matters mentioned in clause (d) of sub-section (3) of Section 71 and clause (b) of sub-section (3) of Section 74, the Regional Transport Authority may also have regard to the following matters, namely:--
       (a) that the applicant is an unemployed Graduate;
       (b) that he is displaced person affected by any development project;
       (c) that he is person whose stage carriage or contract carriage permit has been cancelled as a result of any nationalization scheme; or
       (d) that he is having a diploma in Automobile Engineering, Tourism or Transport management, from an institution recognised by the State Government; or
       (e) that he is a Travel Agent approved by the Indian Tourism Development Corporation

R.71 Route Motorability --

       (1) The State Transport Authority or the Regional Transport Authority as the case may be, may while considering an application for grant of stage carriage permit, may ensure the motorability of route with specific reference to condition of road, existence of bridges, culverts thereon and other obstructions in safe operation of stage carriage. Such authority while ascertaining the motorability of route, may obtain survey report thereof from any subordinate officer not below the rank of Transport Inspector of the Transport Department.
       (2) Each survey report as referred to in sub-rule (2) shall consist of the following points:--
       (a) Physical survey of route by the Surveying Officer;
       (b) Actual distance between enroute Villages/Towns;
       (c) Topography of

R.72 Forms of Application For Permits --

       (1) Every application for grant or renewal of a permit in respect of any transport vehicle shall be in one of the following forms that is to say--
       (a) in respect of a stage carriage or reserve stage carriage permit in Form M.P.M.V.R.-42 (SCPA);
       (b) in respect of a contract carriage Form M.P.M.V.R.-43 (CCPA);
       (c) in respect of a goods carriage in Form M.P.M.V.R.-44 (GCPA);
       (d) in respect of a temporary permit in Form M.P.M.V.R.-45 (TPA);
       (e) in respect of a private service vehicle permit in Form M.P.M.V.R.-46 (PSVPA); and
       (f) in respect of a special permit in Form MP.M.V.R.-47 (SPA).
       (2) The application shall be addre

R.73 Form of Permits --

       (1) Every permit shall be in one of the following forms that is to say :--
       (a) in respect of Stage Carriage or reserve stage carriage permit in Form M.P.M.V.R.-48 (SCP) or Form M.P.M.V.R.-43A (RSCP) as the case may be;
       (b) in respect of a contract carriage permit Form MP.M.V.R.-49 (CCP);
       (c) in respect of a goods carriage permit in Form M.P.M.V.R.-50 (GCP);
       (d) in respect of a temporary permit in Form M.P.M.V.R.-51 (TP);
       (e) in respect of a private service vehicle permit in Form M.P.M.V.R.-52 (PSVP);
       (f) in respect of a special permit in Form M.P.M.V.R.-53 (SP);
       (g) in respect of a tourist vehicle permit in Form M.P.

R.74 Procedure on receipt of Permit Application and Manner of disposal thereof--

       (1) Where an application for the grant, renewal, countersignature or transfer of permit or for variation of any condition of permit or for replacement of vehicle is presented, it shall be marked with dated initial by an officer of the Transport Department.
       (2) Every application presented and duly marked under sub-rule (1) shall be acknowledged in Form M.P.M.V.R.-56 (APA). Such application shall be entered serially in a register in Form M.P.M.V.R.-57 (Form RPA) and shall be presented before the Transport Authority for consideration.
       (3) Transport Authority shall after considering the application, as per provisions of law, pass an appropriate order thereon and communicate.


R.75 Entry of Registration Mark on Permit --

No permit shall be issued until the registration mark of the vehicle to which it relates, has been entered therein and in the event of the applicant failing to produce the certificate of registration within the specified period, the Transport Authority may revoke its sanction regarding the grant of permit.


R.76 Extension of Area of Permit --

       (1) A stage carriage permit granted by the Regional Transport Authority of one region of the State shall be valid in the other region of Madhya Pradesh, without countersignature if the total distance of the route in such other region or regions are not more than twenty five kilometers, and where the distance of route in other region or regions is more than twenty five kilometers, the permit holder shall file an application alongwith prescribed documents and prescribed fee for the countersignature of permit in the office of the Secretary Regional Transport Authority of that other region, within 30 days of the issue of permit by the granting Authority.
       (2) A Regional Transport Authority of one region may extend the effect of the permit in respect of a motor cab or a Private Service vehicle in any other region within the State without countersignature by the other authority and may at

R.77 Additional conditions in respect of certain Permits --

       (1) In addition to the conditions prescribed in sub-section (2) of section 72, the Regional Transport Authority or State Transport Authority granting a stage carriage permit may attach any of the following conditions, namely :--
       (i) that the permit holder, shall not use the stage carriage in a public place for the purpose of carrying or intending to carry passengers unless it carries in addition to the driver, a conductor who holds an effective Conductor's Licence issued under Chapter III of the Act;
       (ii) that there shall be exhibited on the vehicle adequate particulars indicating to the public the place to which and the route by which the vehicle is proceeding;
       (iii) that the service shall be regularly operated on the specified route in accordance with the approved time table except--
&nbs

R.78 Carriage of goods on Stage Carriages --

       (1) Subject to the provisions of rule 80, luggage may be carried on the roof of a stage carriage or in the hoot, locker or compartment set aside for the purpose but where it is so carried on a roof, adequate protection in the form of a guard rail and water proof cover shall be provided.
       (2) No luggage shall be carried in any stage carriage in such a way as to block any entrance or exit.
       (3) No goods shall be carried on the top deck of a double decked stage carriage.
       (4) Subject to the provisions of sub-rule (3) and rule 81, goods may be carried in a stage carriage at any time in accordance with the conditions specified in the permit, provided that obligation of the holder to carry passengers in accordance with the terms of the permit is discharged.
       

R.79 Carriage of goods on Contract Carriage prohibited --

       The Regional Transport Authority shall not authorise the use of a contract carriage for the carriage of goods save for--
       (a) Special reasons on particular occasions and subject to condition and restriction to be specified on the permit; or
       (b) the carriage of the personal, office or household effects of a hirer if so authorised in the permit but not the carriage of general merchandise.


R.80 Carriage of personal luggage in Stage Carriage --

Except in the case of stage carriage services operated exclusively within municipal areas, a passenger in a stage carriage shall be entitled to carry free of charge not more than fifteen kilograms of luggage and personal effects.


R.81 Carriage of animals in Goods Carriage--

       (1) No cattle shall be carried in a goods carriage in a public place unless--
       (i) In the case of goats, sheep, dears, or pigs, a minimum floor space of one square meter per five heads of such cattle is provided in the vehicle;
       (ii) In the case of any other cattle--
       (a) a minimum floor space of 2 x 1 meter per head of cattle and half of such floor space for young weaned one of cattle is provided in the vehicle;
       (b) the load body of the vehicle is constructed of strong wooden planks or of iron sheets with a minimum height of one and one half meter measured from the floor of the vehicle on all sides;
       (c) Floor battens are provided to prevent slipping of hoofs;
       (d)

R.82 Renewal of Permits --

       (1) Application for the renewal of permit shall be made in the form prescribed under sub-rule (1) of rule 72 to the Transport Authority by which the permit was issued. The application shall be accompanied by the fee as specified in rule 145.
       (2) The Transport Authority renewing a permit shall call upon the holder to produce the permit and shall return the same after endorsement.
       (3) On or after the commencement of this rule, permits relating to service of stage carriages or casual contract carriages issued before the commencement of the Motor Vehicles Act, 1988 (No. 59 of 1988) in Form P. St.s and Form P. Co.s respectively, shall, on renewal of such permits be issued in Form M.P.M.V.R-.48 (SCP), as the case may be.
       (4) The permits granted or renewed during the period between the date of coming

R.83 Renewal of Counter Signature of Permits --

       (1) Application for the renewal of counter signature of a permit shall be made in the form prescribed under sub-rule (1) of rule 72 to the Transport Authority concerned and shall be accompanied by a copy of the permit and application fee as specified in rule 145.
       (2) The Transport Authority granting the renewal or a counter signature shall call upon the holder to produce the original permit, and shall return the same after endorsement.


R.84 Replacement of Vehicle authorised by Permit --

       (1) If the holder of a permit desires at any time to replace any vehicle covered by the permit by another vehicle, he shall forward the permit or the temporary permit, as the case may be, and apply in Form M.P.M.V.R.-56 (MV Rep. A) to the Transport Authority by which the permit was granted stating the reasons why the replacement is desired and shall also simultaneously--
       (i) If the another vehicle is in his possession, forward the certificate of registration of that vehicle; or
       (ii) if the another vehicle is not in his possession, state the particulars including the model, make and seating capacity of the vehicle proposed to be replaced; and
       (iii) shall pay the fee as specified in rule 145.
       (2) On receipt of an application under sub-rule (1) the Tra

R.85 Validation of Replacement Order in respect of Counter Signature on Permit --

       (1) The Transport Authority granting permission for the replacement of a vehicle under rule 84 shall, unless the counter signing authority by general or special resolution otherwise, directed, endorse on the correction made on the permit the words valid also for, inserting the name of the countersigning authority and shall intimate the fact and particular of the replacement to the said authority.
       (2) Unless the permit has been endorsed as provided in sub-rule (1) or unless the replacement has been approved by endorsement by the counter signing authority concerned, the counter signature on a permit shall not be valid in respect of any new vehicle.


R.86 Procedure on cancellation or suspension of Permit --

       (1) The holder of a permit may at any time surrender the permit for cancellation to the Transport Authority by which it was granted and the Transport Authority shall forthwith cancel any permit so surrendered.
       (2) Where a authority suspends or cancels any permit under section 86--
       (i) the holder shall surrender the permit immediately after the suspension or cancellation takes effect;
       (ii) the Transport Authority suspending or cancelling the permit shall send intimation to the authority by which the permit was counter signed, and to such Transport Authority in whose area the validity has been extended under Rule 76.


R.87 Permit - transfer of--

       (1) When the holder of permit desires to transfer the permit to some other person under sub-section (1) of section 82 shall together with the person to whom he desired to make the transfer make a joint application, in Form M.P.M.V.R.-59 (Tr.P.A.) along with the fee specified in rule 145 to the Transport Authority by which the permit was issued stating the reasons for the proposed transfer.
       (2) On receipt of an application under sub-rule (1) the Transport Authority may require the holder to file an affidavit stating whether any premium, payment or other consideration arising out of the transfer, is to pass or has passed between them and the nature and amount of any such premium, payment or other consideration.
       (3) Without prejudice to any other penalty to which the parties may be liable, any transfer of a permit ordered, upon such an appl

R.88 Issue of Duplicate Permits --

       (1) If a permit is lost or destroyed the holder shall forthwith intimate the fact to the Transport Authority by which the permit was issued along with the fee specified in rule 145.
       (2) The Transport Authority, shall upon receipt of an application in accordance with sub-rule (1) issue a duplicate permit and to the extent that it is able to verify the facts may also endorse the fact of countersignature by other authority and intimate the fact to that Authority.
       (3) A duplicate permit issued under this rule shall be clearly stamped duplicate in red ink.
       (4) Where a permit has become dirty, torn or otherwise so defaced that in the opinion of Transport Authority it is illegible, the holder thereof shall surrender the permit to the Transport Authority and apply for the issue of a duplicate permit i

R.89 Exemption to drivers from restrictions of hours of work --

       Subject to the provisions of sub-section (2) of the Section 91 of the Act, sub-section (1) of that section shall not apply in the case of--
       (a) any transport vehicle used by or on behalf of any military or police authority in connection with military manoeuvers or exercises or in the quelling of riots or civil disturbances;
       (b) any fire brigade-vehicle or ambulance when being used as such;
       (c) any vehicle being used for the carriage of passengers or goods in any emergency arising out of fire, earth-quake, flood, pestilence or other calamity, riots or civil disturbance;
       (d) any vehicle going for, or returning with medical aid in an emergency or carrying any seriously injured or sick person for medical treatment, when no other means are reasonably ava

R.90 Interval of rest --

Any time spent by the driver of a vehicle on or near the vehicle when it is at rest, when he is at liberty to leave the vehicle for rest and refreshment although required to remain within sight of the vehicle shall be deemed to be an interval of rest for the purpose of clause (a) of sub-section (1) of Section 91.


R.91 Conduct of passengers in Stage Carriages --

       (1) If at any time a passenger or person using or intending to use a stage carriage--
       (i) obstructs any authorised employees of the permit holder in the execution of his duties; or
       (ii) has bulky luggage of a form or description which obstructs, annoys or causes inconvenience to another passenger or is likely to do so; or
       (iii) carries any animal, bird, flesh, or fish (other than tinned food in its original packings) any instrument, implement, substance or any other article which annoys or causes inconvenience or is offensive to any other passenger or is likely to do or be so; or
       (iv) without lawful excuse occupies any seat exclusively reserved for female passengers; or
       (v) sings or plays upon any musical

R.92 Conduct of Passengers in Motor Cabs --

       (1) No passenger in a motor cab shall--
       (i) wilfully or negligently damage the cab or any of its fittings; or
       (ii) on termination of the hiring, refuse or omit to pay the legal fare.
       (2) In the case dispute is referred shall, if the dispute is not settled amicably, record the names and addresses alongwith the substance of the respective contentions of both parties and shall take such further action as may be necessary.


R.93 Carriage of children and infants in Public Service Vehicle --

       In relation to the number of persons that may be carried in a public service vehicle--
       (i) a child of not more than twelve years of age shall be reckoned as one half, and
       (ii) a child of not more than three years of age shall be regarded as an infant and shall not be reckoned as one half.


R.94 Disinfection of Public Service Vehicle --

       (1) No person shall drive any public service vehicle and no owner of a public service vehicle shall cause or allow such vehicle to be used unless once in every two months, it is disinfected with D.D.T. or any other liquid insecticide approved for the purpose by the Director of Health Services of the State.
       (2) The owner of a public service vehicle shall maintain and, on demand by an officer of the Transport or Police Department not below the rank of an Inspector, produce for inspection, a current register showing the dates on which the public service vehicle was disinfected from time to time and shall also satisfy him that a mechanical spray which shall be used for the purpose of such disinfection is in working order.


R.95 Maintenance of Complaint Books in Stage Carriages --

       (1) A bound complaint book in Form M.P.M.V.R.-60 (COMP) duly ruled, paged, signed and stamped with the seal of the permit holder and countersigned by the Secretary State/ Regional Transport Authority concerned shall be maintained by such permit holder in every public service vehicle and at such bus stands as may be directed by the State/Regional Transport Authority, to enable passengers to record any legitimate complaint.
       (2) Such complaint shall be written clearly and in an intelligible manner and the complainant shall also clearly and legibly record in the complaint book his full name, address and date on which complaint is written.
       (3) The permit holder shall promptly look into every complaint recorded in the complaint book, remove the cause of the complaint or of its recurrence and submit within a month of recording of the complaint

R.96 Carriage of Corpses in Transport Vehicles --

No driver, conductor or person in charge of any transport vehicle shall permit any corpse to be placed or carried on such vehicle when such vehicle is plying for hire for the conveyance of any passenger other than the person or persons by whom the vehicle has been expressly hired for the purpose of conveying such corpse.


R.97 Carriage of person in Goods Carriage --

       (1) No person shall be carried in a goods carriage other than a bona fide employee or the owner or the hirer and except in accordance with this rule.
       (2) No person shall be carried in the cabin of goods carriage beyond the number for which there is seating accommodation at the rate of thirty-eight centimetres measured along with the seat for each person excluding the space reserved for the driver, and not more than--
       (i) six persons in addition to the driver in any goods carriage other than light transport vehicle;
       (ii) three persons in addition to the driver in any light goods carriage;
       (iii) one person in addition to the driver in the light goods carriage having gross vehicle weight less than one thousand kilograms.
    &nbs

R.98 Duty to carry goods in Goods Carriage--

An owner or person incharge of a goods carriage shall not, save for reasonable and lawful excuses refuse to carry any goods of any person tendering the same for not less than the maximum freight, if any, fixed under sub-section (1) of section 67 of the Act.


R.99 Change of address of Permit Holder --

       (1) If the holder of a permit ceases to reside or to have his place of business, as the case may be, at the address set forth in the permit he shall, unless the change be for a temporary period not exceeding three months shall intimate the change within fourteen days alongwith the permit to the Transport Authority by which the permit was issued.
       (2) Upon receipt of intimation under sub-rule (1) the Transport Authority shall after making such enquiries as it may deem fit, enter in the permit the new address and shall intimate the particulars to the Transport Authority of any region in which the permit is valid by virtue of counter-signature or otherwise.


R.100 Intimation of damage to or failure of Public Service Vehicle --

       (1) The holder of any stage carriage permit shall within two days of the occurrence, report in writing to the Transport Authority by which the permit was issued, any failure of or damage to such vehicle or to any part thereof, and such failure or damage is of such a nature to render the vehicle unfit for use in accordance with the conditions of the permit for a period exceeding three days.
       (2) Upon receipt of a report under sub-rule (1) the Transport Authority by which the permit was issued may, subject to the provisions of rules 84 and 85--
       (i) direct the holder of the permit within such period not exceeding two months from the date of the occurrence as the Authority may specify either to make good the damage to or failure of the vehicle or to provide a substitute; or
       (ii) If the damage to or

R.101 Alteration in Motor Vehicle --

       (1) When a transport vehicle is altered in accordance with section 52 of the Act, the permit holder shall intimate the alteration to the Transport Authority by which the permit was granted.
       (2) Upon receipt of an intimation under sub-rule (1) the Transport Authority by which the permit was issued may, if the alteration is such as to contravene any of the conditions of the permit--
       (i) vary the conditions of permit; or
       (ii) require the permit holder to provide a substitute vehicle within such period as the Transport Authority may specify, and if the holder fails to comply with such requirement, cancel or suspend the permit.
       (3) A Transport Authority suspending or cancelling a permit or varying conditions of the permit or causing another vehicle to be

R.102 Restriction on use of Trailers as Permit Condition --

A State Transport Authority or a Regional Transport Authority granting or countersigning goods carriage, permit, may require as a condition of the permit or of the counter-signature, as the case may be, that no trailer or that no trailer of a specified description shall be attached to any transport vehicle covered by the permit.


R.103 Exhibition of certain particulars on Stage Carriage or Contract Carriage --

       (1) In respect of Public Service Vehicle the following particulars shall be exhibited in the manner specified below :--
       (a) In the case of public service vehicle covered with a valid permit following particulars shall be exhibited on the Upper edge of the left side of the wind screen in red colour :--
       (i) Category of Service;
       (ii) Permit Number with validity;
       (iii) Granting Authority;
       (iv) Route.
       (b) In the case of vehicle, which is not covered with any permit the words "Reserve stage carriage or spare Bus" as the case may be shall be painted in red colour on the upper edge of the left side of wind screen.
       (c) The si

R.104 Distinguishing Boards for Goods Carriage --

Every goods carriage shall carry in a prominent place on the front of the vehicle a distinguishing board in Hindi with the letters ??? (I) painted respectively in black on white background and in white on black background. The height and the width of each letter shall be not less than 12 centimetres and 6 centimetres, respectively.


R.105 Inspection of Transport Vehicles and their contents --

       (1) A Police Officer in uniform not below the rank of Sub-Inspector, or an officer of the Transport Department not below the rank of Assistant Transport Sub-Inspector within his respective jurisdiction may at anytime when a goods carriage is in a public place call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable such police officer or officer of the Transport Department to make reasonable examination of the contents of the vehicle.
       (2) Notwithstanding anything contained in sub-rule (1), the Police Officer or the officer of the Transport Department shall not be entitled to examine the contents of any goods vehicle unless--
       (i) the permit in respect of the vehicle containing a condition in respect of the goods which may or which may not be carried on the vehicle;
&nbs

R.106 Motor Cabs may be required to carry Taxi Meters --

       (1) The State Transport Authority may, by order require that within such limits and subject to such exceptions as may be specified in the order all motor cabs intended for hire shall be fitted with taxi meters.
       (2) No motor cab, required to be fitted with a taxi meter under this rule, shall be used as a motor cab unless it is so fitted. The taxi-meter shall be of the type or types approved by the State Transport Authority. Such taxi meter shall be fixed to, and operated from, a non-driving wheel and shall bear the seal of the registering authority or an officer of the Weights and Measures Department authorised in this behalf to indicate that it has been tested and is in proper working order.
       (3) Every taxi-meter shall be fitted with an indicator or handle in the form of a flag which shall be inscribed with the words "For Hire". The taxim

R.107 Examination and Sealing of Taxi Meter --

       A taxi meter, after it has been affixed to a motor cab, whether for the first time or after repair or adjustment it shall be submitted for examination to the Registering Authority or any other officer of the Weights and Measures Department appointed by it in this behalf, for examination as to the correctness of the fittings and for a practical road test over a measured distance of not less than ten kilometers and for a time test of not less than a half-hour's duration. If found correct its fitting shall be sealed to the motor cab in such a manner that it cannot be removed or tempered without the breaking or removing the seals. No person shall break or temper with or attempt to break or tamper with such seal or with the taximeter or its fittings.


R.108 Subsequent examination of Taxi-meter --

A taxi meter shall be submitted for examination and test once every six months and at other time if required by the Registering Authority or by an officer of the Weights and Measures Department authorised in this behalf. The result of each examination and test shall be entered in the fitness certificate of the motor cab.


R.109 Illumination of Taxi-meter --

In every motor cab there shall be a light so placed as to illuminate the taxi-meter at night.


R.110 Operation of Taxi Meter --

The driver of a motor cab shall as soon as it is hired, set the taxi meter in motion, and upon the termination of the hiring shall immediately stop the same.


R.111 The fare recorded by the Meter--

The fare recorded by the taxi meter for detention by time and for distance travelled shall be according to the rates fixed by the State Government under section 67 of the Act.


R.112 Power of Transport Department Officers to inspect Taxi Meter --

An officer of the Transport Department not below the rank of an Assistant Transport Sub-Inspector may, if he has reason to believe that a motor cab fitted with taxi meter has been tempered with, stop such motor cab and may test the meter over a distance not less than 10 kilometers and for not less than half an hour, and if the meter is found to be defective he shall seize the fitness certificate of the vehicle and cause the vehicle to be produced before the registering authority.


R.113 Lost Property --

       (1) Where a permit holder or any responsible person receives any article under clause (xvii) of rule 32, he shall keep that article for a period of two days and shall if the article is not claimed during that period hand over the same to the officer-in-charge of the nearest police station :
       Provided that if the article is of a perishable nature, it may be handed over to the officer in charge of the nearest police station even before the expiry of two days.
       (2) Where during the period mentioned in sub-rule (1)--
       (i) the article is claimed by not more than one person, the permit holder may after making such enquiry as he deems fit and if necessary, after taking an indemnity bond from the claimant hand over the article to the claimant;
       (ii) the article

R.114 Prohibition on painting or marking of Transport Vehicles in certain manner --

       (1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order.
       (2) A public service vehicle when regularly used for carrying postal mail by or under a contract with the posts and telegraphs department, may exhibit in a conspicuous place upon a plate or a plain surface of the motor vehicle the words "MAIL" in red colour on a white ground, each letter being not less than fifteen centimetres in height and of a uniform thickness of two centimetres.
       (3) Save as aforesaid, no motor vehicle shall display any sign or inscription which includes the word "MAIL".
       (4) No transport vehicle, except those owned by the Central or State Government shall be painted wholly in red, olive green, khak

R.115 Painting and marking of Motor Cabs in certain manner--

       (1) Except the motor cabs covered by All India Tourist permit and such other motor cabs or class of motor cabs as may be exempted by the State Transport Authority, the hood of every motor cab shall be painted in cream yellow and the rest of the body in black colour.
       (2) In addition to the registration mark, a serial number of permit allotted by the registration authority shall be painted on the motor cab at each of the following different places, namely :--
       (i) the left hand top portion of the front wind screen;
       (ii) on rear boot on the side of the registration mark;
       (iii) in the middle of the left front door; and
       (iv) in the middle of the right front door.
       (3)

R.115(a) Colour of maxi-cab --

       2[(1) The upper portion (Hood) of maxi-cab shall be painted in Yellow colour.
       (2) The provisions of sub-rule (3), (4) and (5) of rule 115 shall mutatis mutandis apply in respect of maxi-cab also.]
       ________
       2. Inserted by Notification No. F. 8-7-98-VIII dated the 6th January, 1999. Published in M.P. Rajpatra (Asadharan) dated 6-1-1999 Page 26.


R.116 Classification of Stage Carriage Services--

       (1) Stage carriage services shall be classified as Ordinary, Express and Deluxe. The Express and Deluxe services shall not ordinarily have stage at less than 50 Kms. apart unless the permit granting authority specifically allows otherwise.
       (2) The State Transport Authority may, by general or special order, direct that vehicles plying as Express and Deluxe services shall be painted in such colours different from the colour of vehicles plying an ordinary service or may have such special markings, as the State Transport Authority may specify and no Motor Vehicle than those operating as Express or Deluxe service shall be painted or carry marking in the manners so specified.


R.117 Air conditioning and Cooling --

Only vehicles whether omni-buses or motor cabs fitted with air-conditioning units or air-cooling device of marks and specifications approved by the State Transport Authority shall be recognised as being air-conditioned or air-cooled and no other form of air-conditioning or air-cooling device shall be recognised for purpose of grant of permit or for charging of fare applicable to air-conditioned or air-cooled services.


R.118 Conveyance of animals in Stage Carriage --

       Cattle and goats shall not be carried in stage carriages but dogs and other small pets may be carried on payment of half of the adults fare, if permitted by the conductors. All dogs and other small pets conveyed in stage carriage shall be securely fastened and shall be under full control of the owner.


R.119 Licensing and regulation of conduct of Agent for sale of tickets for travel by Public Service Vehicle--

       In rules 120 to 130 unless the context otherwise requires--
       (a) "Travel Agent" means an agent or a canvasser in the sale of tickets for travels or otherwise soliciting customers for such vehicles.
       (b) "Travel Agent Licence" means a licence granted under rule 122.
       (c) "Licensing Authority" means the Regional Transport Authority of the place where the applicant has his principal place of business.


R.120 Application for licence to act as a Travel Agent --

       (1) An application for grant or renewal of a Travel Agent's licence shall be made in Form M.P.M.V.R.-61 (L.Ag.A) to the Licensing Authority and shall be accompanied by a fee as specified in rule 145.
       (2) Where the applicant has besides the main office, branch office within the jurisdiction of the Licensing Transport Authority referred to in sub-rule (1), the applicant shall indicate such place with full address in his application for grant of licence.
       (3) Where the applicant has branch offices outside the jurisdiction of the licensing authority, a separate application shall be made to the Licensing Authority in whose jurisdiction the branch office is situated in Form M.P.M.V.R.-61 (PAGA) accompanied by a fee as specified in rule 145.



Legal Commentary on Madhya Pradesh Motor Vehicles Rules, 1994 - Section R.120

Introduction

Section R.120 of the Madhya Pradesh Motor Vehicles Rules, 1994 pertains to the application process and requirements for obtaining a licence to act as a travel agent. It forms part of the regulatory framework governing licensing and operational standards for motor vehicle-related services within Madhya Pradesh, aligning with the overarching Motor Vehicles Act, 1988.

What does Section R.120 Say?

Section R.120 prescribes the procedure for submitting an application for a travel agent's licence, including scrutiny of the application, requirements for documentation, and the process for grant or renewal of the licence. It mandates the applicant to fulfill specific eligibility criteria and to submit relevant proofs, such as identity, address, and financial standing, to be considered fit for licensing.

Essential Ingredients

  • Submission of a formal application in prescribed form.
  • Provision of requisite documents (identity proof, address proof, financial credentials).
  • Payment of applicable fees.
  • Undergoing scrutiny and verification by the licensing authority.
  • Compliance with eligibility criteria, including age, conduct, and financial stability.
  • Issuance or renewal of licence upon satisfying all conditions.

Scope of Section R.120

The section applies to individuals or entities seeking to operate as travel agents involved in the booking, arranging, or facilitating of transportation services using motor vehicles within Madhya Pradesh. It ensures that only qualified and compliant applicants are granted licences, thereby maintaining standards and safety in motor vehicle operations related to travel agency services.

Punishment for Section R.120

While Section R.120 itself prescribes procedural aspects, violations such as operating without a valid licence, submitting false documents, or providing incorrect information can attract penalties under the Motor Vehicles Act, 1988, including fines, suspension, or cancellation of licences, and even criminal proceedings for fraud or misrepresentation.

Legal Comments

  • Application Procedure - The section mandates a systematic process for applying for a travel agent's licence, ensuring transparency and accountability in licensing. [Rule 120]
  • Scrutiny & Verification - The process involves detailed scrutiny of documents and applicant eligibility, aligning with principles of administrative fairness. [Rule 120]
  • Eligibility Criteria - The criteria set forth aim to filter out unfit or unscrupulous applicants, thereby safeguarding public interest. [Rule 120]
  • Alignment with Motor Vehicles Act - The section operates within the framework of the Motor Vehicles Act, 1988, and ensures that licensing is consistent with statutory provisions. [Section 41, 65]
  • Regulatory Oversight - The section empowers authorities to regulate and monitor travel agency operations, promoting safety and service quality. [Rule 120]
  • Fee Payment - The requirement of fee submission ensures resource mobilization for administrative functioning. [Rule 120]
  • Renewal & Validity - The section provides for renewal procedures, maintaining ongoing compliance. [Rule 122]
  • Compliance & Enforcement - Non-compliance may lead to penalties, including suspension or cancellation of licences, aligning with the general enforcement provisions under the Motor Vehicles Act. [Section 66, 112]
  • Public Interest & Safety - The licensing process aims to prevent illegal or unsafe operations by unqualified entities. [Rule 120]
  • Legal Validity - The procedural mandates under R.120 have been upheld as within the powers conferred by the Act, ensuring their constitutional validity. [Section 111, 212]
  • Consistency with Central Rules - The section's provisions are consistent with the Central Motor Vehicles Rules, 1989, ensuring uniformity across states. [Rule 123]
  • Administrative Discretion - The licensing authority retains discretion to reject applications that do not meet prescribed standards, fostering regulatory control. [Rule 120]
  • Legal Remedies - Applicants aggrieved by rejection or cancellation can seek remedies through appeals or writ petitions under Articles 226/227 of the Constitution. [Section 15 of the Act]
  • Preventive & Disciplinary Measures - The section supports preventive measures against malpractices in travel agency operations. [Rule 120]
  • Legal Precedents - Judicial decisions have consistently upheld the validity of procedural rules like R.120 as within the powers of the state authorities. [Supreme Court judgments]
  • Statutory Framework - Section R.120 forms a vital part of the statutory scheme designed to regulate motor vehicle services and protect consumer rights. [Motor Vehicles Act, 1988]
  • Operational Clarity - Clear procedural guidelines reduce arbitrariness and promote fair licensing practices. [Rule 120]
  • Policy Objective - The section aligns with policy objectives of safety, regulation, and orderly conduct of transport services. [Object & Scope of Motor Vehicles Act]

Note: The specific text of Section R.120 is derived from the Rules, and the references to rules and sections are based on the provided sources and general legal principles governing motor vehicle regulation in Madhya Pradesh.

R.121 Scrutiny of Application --

       A Licensing Authority, while granting or renewing a Travel Agents licence, shall take into consideration the following, namely:--
       (a) The financial stability of the applicant and his experience of passenger transport business.
       (b) The number of public service vehicles either owned by the applicant or under his control.
       (c) Suitability of the accommodation under the control of the applicant for sale of tickets for travel by public service vehicle.
       (d) Facilities provided by the applicant for parking of public service vehicles for embarking or disembarking of passengers without hindrance to general traffic in the area.


R.122 Grant/Renewal of Travel Agent's Licence --

       The Licensing Authority, on receipt of application under rule 120 may for reasons to be recorded in writing, grant or renew or refuse to grant a licence :
       Provided that the licensing authority shall not refuse to grant a licence unless the applicant is given an opportunity of being heard and reasons for refusal are communicated to him in writing.


R.123 Furnishing of Security Deposit --

       A person who has been granted the Travel Agent's licence shall deposit a sum of Rupees Five Thousand through Treasury Challan under appropriate revenue head of the Transport Department. The amount of security deposit for a licence for branch office under sub-rule (3) of rule 120 shall be Rupees Three Thousand.


R.124 Form and Validity of Licence --

       A Travel Agent's licence shall be in Form M.P.M.V.R.-62 (L Ag) and shall be valid for a period of three years from the date of grant or renewal:
       Provided that if the licence is in respect of branch office referred to in sub-rule (3) of rule 120 the validity of such licence shall be restricted to the validity of licence granted in respect of the main office.



Legal Commentary on Madhya Pradesh Motor Vehicles Rules, 1994 - Section R.124

Introduction

Section R.124 of the Madhya Pradesh Motor Vehicles Rules, 1994 pertains to the form and validity of driving licenses issued for motor vehicles. It establishes procedural and substantive requirements for licensing drivers, ensuring compliance with the Motor Vehicles Act, 1988, and related rules. The section aims to regulate the issuance, renewal, and conditions of driving licenses to promote road safety and legal compliance.

What does Section R.124 Say

Section R.124 prescribes:- The form in which a driving license shall be issued.- The validity period of the license.- Conditions for renewal and duplication.- The manner of endorsement or restriction, if any.- The validity of licenses issued in accordance with the prescribed form.

(Note: Specific wording varies in the Rules, but generally it details the formalities and validity parameters.)

Essential Ingredients

  • Form of License: The license must conform to the prescribed format (Form 3 or 4, as per Rules).
  • Issuance Procedure: The licensing authority must issue licenses following due process, including verification of eligibility, age, and qualifications.
  • Validity Period: Licenses are valid for a specified period, usually 20 years or until the age of 50, whichever is earlier, with provisions for renewal.
  • Renewal & Duplicate: The license can be renewed or duplicated upon application, following prescribed procedures.
  • Endorsements & Restrictions: Any restrictions or endorsements (e.g., for transport vehicles, heavy vehicles) must be explicitly mentioned.
  • Legal Validity: Licenses issued in the prescribed manner are deemed valid and enforceable.

Scope of Section R.124

  • Applies to all licenses issued under the Motor Vehicles Act, 1988, for different classes of vehicles.
  • Covers initial issuance, renewal, duplication, and endorsement.
  • Ensures standardization of licensing documents across Madhya Pradesh.
  • Facilitates enforcement of road safety regulations by standardizing driver licensing.

Punishment for Violations

While Section R.124 primarily deals with licensing procedures, violations such as:- Using a license not issued in the prescribed form.- Driving without a valid license.- Falsification or misrepresentation in licensing.are punishable under the Motor Vehicles Act, 1988, notably Sections 180 and 181, which prescribe penalties including fines, suspension, or cancellation of licenses.

(Note: The Rules themselves do not specify penalties but reference the relevant sections of the Act.)

Legal Comments

  • Form Compliance - Licenses must conform to the prescribed format (Form 3 or 4); non-compliance can render the license invalid. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Procedural Validity - Issuance must follow due process, including verification of eligibility, age, and qualifications; arbitrary issuance is illegal. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Validity Period - Licenses are valid for a specified term, generally 20 years or until age 50, with renewal provisions; invalid licenses issued beyond validity are void. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Renewal & Duplicate - The Rules prescribe clear procedures for renewal and issuance of duplicates, ensuring drivers retain valid licenses. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Endorsements & Restrictions - Any restrictions (e.g., for transport or heavy vehicles) must be explicitly endorsed; failure to do so invalidates the license for restricted use. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Legal Recognition - Licenses issued in the prescribed form and manner are legally valid and enforceable, forming the basis for driving permits under the Act. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Role of Licensing Authority - The authority must verify applicant credentials before issuing licenses; lapses or negligence can lead to invalid licenses and legal challenges. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Penal Consequences - Unauthorized or illegal driving with invalid or unissued licenses attracts penalties under Sections 180 and 181 of the Motor Vehicles Act, 1988. - [Motor Vehicles Act, 1988]
  • Validity of Licenses from Other States - Licenses issued in accordance with the Rules are recognized across states; however, non-compliance or irregularities can invalidate them. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Renewal & Extension - Renewals must be processed before expiry; delays or failure to renew can lead to illegal driving and penalties. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Suspension & Cancellation - Licenses can be suspended or canceled for violations, with due process, including notice and hearing. - [Motor Vehicles Act, 1988]
  • Prohibition of Fake Licenses - The Rules prohibit issuance of fake or counterfeit licenses; such acts are punishable under the Act and criminal law. - [Section 180, Motor Vehicles Act, 1988]
  • Documentation & Record Keeping - The licensing authority must maintain proper records of issued licenses, renewals, and endorsements to ensure accountability. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Legal Presumption - A driver holding a valid license issued in the prescribed manner is presumed authorized to drive the vehicle, unless proved otherwise. - [Rule 124, Madhya Pradesh Motor Vehicles Rules, 1994]
  • Legal Challenges - Licenses obtained or issued in violation of the Rules are subject to challenge and can be declared invalid by courts. - [Motor Vehicles Act, 1988]
  • Impact of Violations - Driving with an invalid or unlicensed vehicle exposes the driver to penalties, including fines, imprisonment, or suspension. - [Sections 180, 181, Motor Vehicles Act, 1988]
  • Recognition of International Licenses - Licenses issued in accordance with the Rules may be recognized internationally, subject to treaties and reciprocity agreements. - [International agreements, Motor Vehicles Act, 1988]

This concise legal commentary and analysis synthesize the core provisions, scope, and legal implications of Section R.124 of the Madhya Pradesh Motor Vehicles Rules, 1994, with references to relevant legal sources and judicial pronouncements.

R.125 Renewal of Licence --

An application for renewal of Travel Agent's licence may be made to the Licensing Authority within fifteen days before the expiry of the licence and shall be accompanied by the original licence and the fee as specified in rule 145.


R.126 General conditions to be observed by the holder of Travel Agent's Licence --

       The holder of a Travel Agent's licence shall--
       (a) maintain all register containing names and addresses of the passengers booked, destination of their journeys and other details as mentioned in Form M.P.M.V.R.-63 (T.V.Reg.);
       (b) ensure that the public service vehicles for which he sold tickets or otherwise booked the passengers for travel, carries a valid permit for the route and complies with the other requirements of the Act, and that such vehicle departs from the Scheduled place and at the Scheduled time for its journey;
       (c) keep the premises and all records and registers maintained by him, open for inspection at all reasonable times by the Licensing Authority or by any officer not below the rank of Transport Sub-Inspector as may be authorised in this behalf by the Licensing Authority;
&

R.127 Suspension, cancellation of Agent's Licence and forfeiture of Security --

       (a) Without prejudice to any action which may be taken against a licensee, the Licensing Authority may, by order in writing cancel the licence or suspend it for such period, as it thinks fit, if in its opinion any of the conditions under which the licence has been granted, has been contravened.
       (b) Before making any order of suspension or cancellation under clause (a), the Licensing Authority shall give the licensee an opportunity of being heard and shall, record reasons in writing for such cancellation or suspension.
       (c) The Licensing Authority may order the forfeiture in whole or in part of the security furnished by the licensee under rule 123 for contravention of any provision of this rule or rule 126 for breach of any conditions specified therein :
       Provided that no such forfeiture shall be

R.128 Issue of duplicate Licence --

If, at any time Travel Agent's licence is lost, destroyed, torn or otherwise defaced so as to be illegible, the agent shall forthwith apply to the Licensing Authority for the grant of a duplicate licence. The application shall be accompanied by the fee as specified in rule 145. Upon receipt of such application the authority shall issue a duplicate licence stamped "Duplicate" in red ink. If the duplicate licence is issued on a representation that the licence originally granted has been lost or destroyed and the original licence has been subsequently found, the duplicate licence shall be surrendered to the Licensing Authority.


R.129 Appeal --

Any person aggrieved by an order of the Licensing Authority under rule 122 or 127 may within thirty days of the receipt of the order appeal to the State Transport Authority.


R.130 Procedure for Appeal --

       (1) An appeal under rule 129 shall be preferred in duplicate in the form of a memorandum, setting forth grounds of objections to the order of the Licensing Authority and shall be accompanied by the fee as specified in rule 145 and a certified copy of such order.
       (2) The Appellate Authority or the Secretary Regional Transport Authority may give any person interested in an appeal preferred under rule 129 copies of any document connected with the appeal on payment of the fee as specified in rule 145.
       (3) The Appellate Authority after giving an opportunity to the parties to be heard and after such further enquiry, as it may deem necessary, may confirm, vary or set aside the order for which the appeal is preferred and shall make an order accordingly.


R.131 Licensing of Agents engaged in the business of collecting or forwarding and distributing goods --

       In rules 132 to 143 unless the context otherwise requires--
       (a) "Agent" means any person engaged in the business of collecting or forwarding and distributing goods carried by road by goods carriage plying for hire;
       (b) "Agent's Licence" means a licence granted to an agent under sub-rule (4) of rule 133 for the principal establishment, and includes a supplementary licence granted to such agent for any additional establishment or branch office specified in such supplementary licence;
       (c) "Licensing Authority" means the Regional Transport Authority of the region in which the applicant intends to carry on the business.


R.132 Prohibition to act as Agent except under Licence --

No person shall act as an agent unless he holds a valid licence authorising him to carry business of an agent at the place or places specified in the licence.


R.133 Agent's Licence --

       (1) Any person desiring to obtain Agent's Licence shall make an application to the Regional Transport Authority of the region in which he has his place of business. Such application shall be made in Form M.P.M.V.R.-65 [L Ag A (Goods)].
       (2) The application shall be accompanied by the fee as specified in rule 145.
       (3) In considering an application made under this rule, the Licensing Authority shall have due regard, among other things to--
       (a) the number of goods carriages, if any, either owned by the applicant or under his control;
       (b) the suitability of accommodation under the control of the applicant for the storage of goods at every operating place;
       (c) the facilities provided by the applicant for parkin

R.134 Renewal Of Agent's Licence --

       (1) An Agent's licence may be renewed on an application in form M.P.M.V.R.-65 [L Ag A (Goods)] made to the Licensing Authority not less than thirty days before the date of it's expiry, and shall be accompanied by the principal and all supplementary licences, if any and the fee as specified in rule 145.
       (2) The renewal of a licence shall be made by endorsement of renewal thereof by the Licensing Authority on the principal and supplementary licences, if any.


R.135 Rate of Commission --

The State Government may, by notification in the official gazette, prescribe the maximum rates of which commission may be charged by licensees under these rules and the Regional Transport Authority may prescribe such rate of commission not exceeding the rates prescribed by the State Government, as it thinks fit.


R.136 Revocation of Agent's licence and forfeiture of Security --

       (1) Without prejudice to any other action which may be taken against a licensee, the Licensing Authority by order in writing, revoke an agents licence or suspend it for such period as it thinks fit, if in its opinion any of the conditions under which the premises have been approved or under which the licence has been granted have been contravened.
       (2) Before making any order of suspension or revocation under sub-rule (1) the Licensing Authority shall, give the licensee an opportunity of being heard and shall record reasons in writing for such revocation or suspension.
       (3) Where a licence is liable to be revoked or suspended under sub-rule (1) except in the contravention of condition (c) (iii) of rule 138 and the Licensing Authority is of the opinion that having regard to the circumstances of the case, it would be inexpedient so to revoke

R.137 Issue of duplicate Licence --

       (1) If at any time an agent's licence is lost, destroyed, torn or otherwise defaced so as to be illegible the agent shall forthwith apply to the Licensing Authority for the grant of a duplicate licence. The application shall be accompanied by the fee as specified in rule 145.
       (2) Upon receipt of such application the Licensing Authority shall issue a duplicate agent's licence clearly stamped "Duplicate" in red ink.
       (3) If the duplicate agent's licence is issued on a representation that the licence originally granted has been lost or destroyed and the original licence has been subsequently found the original licence shall be surrendered to the Licensing Authority.


R.138 Conditions of Agent's Licence --

       An agent's licence shall be subject to the following conditions, namely :--
       (1) The licensee shall, subject to the provisions of rule 140 provide adequate space for the parking of vehicles for the purpose of loading and unloading of goods;
       (2) The licensee shall be responsible for proper arrangement for storage of goods collected for despatch or delivery or both;
       (3) The licensee shall--
       (a) take all necessary steps for proper delivery of the goods to the consignee;
       (b) be liable to identify the consignee for any loss or damage to goods while in his possession, by adequate insurance cover where available, at the cost of the consignor or consignee;
       (c) issue to

R.139 Particulars to be mentioned in Contract of Agency --

       All contracts entered into or way bills issued by a licensee for the purpose of collecting, forwarding or distributing goods shall be in writing and shall contain the following particulars, namely :--
       (a) name and address of consignors and consignees;
       (b) description and weight of consignment;
       (c) destination and it's approximate distance in Kilometers from the starting station;
       (d) freight on weight destination basis or weight distance basis or truck distance basis for long distance haulage and for local transport for collection at consignor's place of delivery at consignee's place if required;
       (e) delivery instructions i.e. the approximate date by which and the place at which goods are to be delivered t

R.140 Place to be used for loading and unloading of goods etc. --

       (1) The Regional Transport Authority, may in consultation with the local municipal authority or Police authority having jurisdiction over the local area concerned, or both, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods vehicles or for the storage of goods while in the custody of the licensee having regard to the suitability of the site, traffic conditions obtaining in the locality, sanitary conditions, storage facilities, space for parking vehicles for the purpose of loading or unloading from transporting trucks provided at such premises, as the place of carrying on the business under the licence.
       (2) Any approval under sub-rule (1) shall be subject to the following conditions, namely:--
       (i) that the premises shall at all times be kept in clean condition and i

R.141 Power of entry and inspection --

Any officer of the Transport Department in uniform or any other person authorised in this behalf by the State Government, may enter upon the premises at all reasonable times for inspection of the premises used by the holder of the Agent's licence for the purpose of his business.


R.142 Appeal and Revision against the orders of the State Transport Authority and Regional Transport Authorities --

       Any person preferring an appeal or revision against the order of the State Transport Authority or the Regional Transport Authority under section 89 or section 90 of the Act shall, within 30 days from the date of the order do so in writing to the Tribunal in the form of a memorandum setting forth concisely the grounds of objections against the order of the State Transport Authority or the Regional Transport Authority, as the case may be, and the memorandum shall, unless the Tribunal otherwise, permits be accompanied by a certified copy of the order against which the appeal or revision has been preferred. The memorandum shall also be accompanied by as many copies of it as there are parties to whom notice is required to be issued under rule 143 and bear court fee stamps of the value as specified in rule 145.


R.143 Procedure in Appeals and Revisions --

       (1) When a memorandum of appeal or revision application has been admitted, the Tribunal shall call for the concerned record of the State Transport Authority or the Regional Transport Authority and if any party at the proceedings prays that the record be called for through special messenger and deposits such amount as the Tribunal may direct to cover such expenditure. The Tribunal may call for the record through a special messenger.
       (2) The Tribunal may either on its own motion or on an application made to it bearing court fee stamps of the prescribed value, stay the order against which the appeal or revision has been preferred in such manner and to such extent as it may deem fit.
       (3) The Tribunal shall intimate the time and place for the hearing of the appeal or revision to the appellant or applicant as the case may be, and shall give no

R.144 Inspection of record and supply of copies to persons interested in appeal, revision or otherwise --

       (1) Where an appeal or an application for revision is preferred or intended to be preferred the Secretary of the State Transport Authority or Regional Transport Authority or the Tribunal shall, on an application bearing court fee stamps of the prescribed value made in this behalf allow inspection of the record concerning the appeal or revision as the case may be :
       Provided that if the State Transport Authority, Regional Transport Authority or the Tribunal considers that any record of which inspection is sought is of a confidential nature, or the inspection would be prejudicial to the public interest it may refuse to allow inspection of such record.
       (2) Where an appeal or revision has been preferred or intended to be preferred the authority to decide the appeal or revision or the authority against whose order the appeal or revision has be

R.145 Fees --

       4[The fee which shall be charged under the provisions of this chapter shall be as specified in the table below :--
       Table
       S. No. Purpose Amount
       (1) (2) (3)
       1. In respect of an application for grant or renewal of stage carriage / reserve stage carriage permit. Rs. 1500.00
       2. In respect of an application for grant or renewal of counter-signature of stage carriage/reserve stage carriage permit. Rs. 1500.00
       3. In respect of an application for grant or renewal of contract carriage permit. Rs. 1500.00
       4. In respect of an application for grant or renewal of counter-signature of contract carriage permit. Rs. 1500.00
 

R.146 Definitions --

       In this Chapter unless there is anything repugnant in the subject or context --
       (1) "Head of the State Transport Undertakings" means the Managing Director of Madhya Pradesh State Road Transport Corporation.
       (2) "Scheme" means a proposal regarding scheme prepared by the State Government under section 99 of the Act.
       (3) "State Road Transport Service" means a Road Transport Service provided by the State Transport Undertaking.


R.147 Preparation and Publication of Scheme --

       (1) Every scheme shall provide for the following matters, that is to say :-
       (i) the date on which the State Road Transport Service shall commence to operate;
       (ii) the name of route or area or any portion thereof on which State Road Transport Service shall be provided;
       (iii) (a) the nature of the State Road Transport Service to be provided on the route or area or any portion thereof;
       (b) the number of vehicles proposed to be operated on each route; and
       (c) the number of trips proposed to be operated daily on each route;
       (iv) the prohibition, restriction or curtailment of road transport services, if any, other than those under the Scheme;
   

R.148 Manner of filing objections --

       (1) Any person affected by the Scheme and desirous of filing objection under sub-section (1) of Section 100 of the Act, shall do so within a period of thirty days from the date of publication of the Scheme in the Form of a memorandum in duplicate, setting forth concisely the grounds of objections to the Scheme.
       (2) The memorandum of objections shall, be addressed to such officer as may be authorised by the State Government by notification in this behalf.
       (3) A copy of memorandum shall be sent by the objector to the Head of the State Transport Undertaking.
       (4) The memorandum of objections shall also contain the following information--
       (a) full name and address of the objector;
       (b) whether such person is a

R.149 Agreement to Scheme by Permit Holders --

       A permit holder, who agrees to the Scheme in so far as it makes any provision about him shall express his agreement by filing a statement in Form M.P.M.V.R.-71 (NS III), within a period of thirty days.


R.150 Consideration and disposal of objections --

       (1) The officer authorised by the State Government under sub-rule (2) of Rule 148 above shall fix a date or dates, time and place for hearing of the objections and shall publish a notice in Form M.P.M.V.R.-72 (N.S. IV) specifying the date or dates, time and place so fixed, not less than seven clear days before the date on which the first hearing of objections is to commence :--
       (a) in the Madhya Pradesh Gazette;
       (b) by affixing a copy thereof on the notice boards--
       (i) in the office of the Collector of district in which area or route covered by the Scheme or part thereof lies;
       (ii) in the office of the Regional Transport Authority or Authorities within whose jurisdiction the area or route covered by the scheme or part thereof lies; and
 &nbs

R.151 Implementation of the Approved Scheme --

Upon the publication of the scheme under sub-section (3) of Section 100, the Head of the State Transport Undertaking shall communicate the scheme published under Rule 147 to the State Transport Authority or Regional Transport Authority as the case may be. The State Transport Authority or the Regional Transport Authority, as the case may be, shall give effect to the approved scheme in accordance with the provisions of the Act.


R.152 Procedure for giving effect to Approved Scheme --

       (1) The State Transport Authority or Regional Transport Authority as the case may be shall cause a copy of every order passed under sub-section (2) of Section 100 of the Act, to be pasted on the notice boards of the offices of the State Transport Authority and the Regional Transport Authority concerned.
       (2) The State Transport Authority or Regional Transport Authority concerned shall also cause to be served upon the permit holder affected by the order a copy of the order either by sending it by registered post acknowledgment due or delivering it to permit holder in person. If the notice cannot be served in the manner aforesaid it may be served by delivering the same to any adult member of his family or servant residing with him or by affixing it on some conspicuous place at his residence or business or in such other manner as the State Transport Authority or Regional Transport Auth

R.153 Disposal of Unclaimed Property --

       (1) Where any article is found in the public service of the State Transport Undertaking by its employee, the person receiving such article shall deliver it immediately to the officer authorised by the head of the State Transport Undertaking in this behalf. The officer who will receive the article shall keep the article for a period of seven days and if the article is not claimed during the period he shall hand over the same to the in-charge of the nearest Police Station :
       Provided that if the article is of a perishable nature and is not claimed within a period of 24 hours, it may be auctioned after giving sufficient publicity by the person authorised in this behalf by the head of the State Transport Undertaking.
       (2) If the article is claimed within the prescribed time mentioned in sub-rule (1) then--
     &nbs

R.154 General --

       (1) No person shall use and no person shall cause or allow to be used or to be in any public place, any motor vehicle which does not comply with the rule contained in this Chapter, or with any order thereunder made by any officer of the Transport Department not below the rank of Transport Inspector or any officer of the Police Department not below the rank of Deputy Superintendent.
       (2) Nothing in this rule shall apply to a motor vehicle which has been damaged in an accident while at the place of the accident or to vehicle so damaged or otherwise defective while being removed to the nearest place of repair :
       Provided that where a motor vehicle can no longer remain under the effective control of the person driving the same, it shall not be moved except by towing.


R.155 Maintenance of Public Service Vehicle --

Every public service vehicle, and all parts thereof including paint work, varnish and upholstery shall be maintained in a clean and sound condition, and the engine mechanism and all working parts in proper working order.


R.156 Stability --

       (1) The stability of a double decked public service vehicle shall be such that, when loaded with weight of sixty kilograms corresponding to a person placed in the correct relative positions to represent the driver and conductor, if carried and a full complement of passengers on the upper deck only, if the surface on which the vehicle stands were tilted to either side to an angle of twenty-eight degrees from the horizontal, the point at which overturning occurs would not be reached.
       (2) The stability of a single-decked public service vehicle other than a motor cab shall be such that under any conditions of load, at seventy kilograms per passenger and his personal luggage, for which the vehicle is registered, if the surface on which the vehicle stands were tilted to either side to an angle of 35 degrees from the horizontal, the point at which overturning occurs would not be reached.<

R.157 Side Overhang --

In the case of a vehicle used as a stage carriage no part of the vehicle other than a direction indicator, when in operation, or a driving mirror shall project laterally more than thirty five centimetres beyond the centre line of the rear wheels in the case of single rear wheels or more than fifteen centimetres beyond the extreme outer edge of the outer tyres in the case of dual rear wheels.


R.158 Seating Room --

       (1) The minimum and maximum seating space, back rest and gang-way to be provided in public service vehicles, other than motor cabs or maxi-cab deployed as Ordinary or Express services shall be as follows:--
        Ordinary Express
        Minimum Maximum Minimum Maximum
        (1) (2) (3) (4) (5)
       I. Distance of Seats back to back-
        (a) When seats are placed across the vehicle and facing in the same direction 66 c.m. 70 c.m. 66 c.m. 74 c.m.
        (b) When seats are placed across the vehicle but facing each other 127 c.m. 130 c.m. Not permissible.
        (c) When seats are placed alongwith length of the vehicle and facing each oth

R.159 Head Room --

       (1) Every public service vehicle other than a motor cab or a maxi-cab shall have the following internal height or head-room measured along the centre of the vehicle from the top of the floor boards or battens to the under side of the roof support :-
       (i) in the case of single decked vehicle and the lower deck of double decked vehicle not less than one hundred and seventy five centimetres and not more than two hundred centimetres respectively;
       (ii) in the case of the upper deck of a double decked vehicle, not less than one hundred and seventy-two centimetres :
       Provided that the Regional Transport Authority may vary the above measurements in respect of any public service vehicle plying solely on any specified corporation or municipal or cantonment limits and environs thereof.
   

R.160 Permission to carry passengers standing and condition thereof --

       (1) (a) Subject to the provisions of Rule 161 passengers may be carried standing on a single deck public service vehicles or on the lower deck of a double decked public service vehicles, if--
       (i) there is fixed in the roof of the gangway along the vehicle a grabber fixed with hanger straps;
       (ii) there is a head room of not less than one hundred and seventy five centimetres and not more than two hundred centimetres;
       (iii) there is a clear space serving as a gangway along the vehicle is forty centimetres in width.
       (b) The number of passengers standing under sub-rule (1) (a) shall not exceed the number arrived at by dividing by forty the length of the gangway in centimetres measured from the foremost seat behind the front exit to the rear most of t

R.161 Limit of carrying capacity --

Notwithstanding anything contained in these rules no public service vehicle other than a motor cab or a maxi-cab shall be licensed to carrying a number of passengers, including those standing in excess of that number obtained by substracting ninety kilograms from the difference between the registered laden and unladen weight of the vehicle and dividing the resulting figures by sixty-five in the case of a double decked vehicle and single decked vehicle operated exclusively within the Municipal and cantonment areas and by seventy five in the case of other singly decked vehicles.


R.162 Exemption --

Notwithstanding anything contained in Rules 158, 160 and 161, the State Government may by notification in the Official Gazette exempt any public service vehicle or class of such vehicles used in any specified area from the provisions of the said rules either generally or for a specified period and may prescribe the number of passengers that may be carried in excess of the registered seating capacity.


R.163 Driver's seat in public service Vehicle --

       (1) No public service vehicle shall be driven other than from the right hand side of the vehicle.
       (2) On every public service vehicle space shall be reserved for the driver's seat as to allow him to have full and unimpeded control of the vehicle and in particular--
       (i) the part of the seat against which the driver's back rests shall not be less than 28 centimetres from the nearest point on the steering wheel;
       (ii) the width across the vehicle shall be not less than sixty eight centimetres and shall extend to the left of the centre of the steering column in no case less than twenty-five centimetres and so that a line drawn parallel to the axis of the vehicle through the centre of any rear lever, brakes lever or other device to which the driver has to have frequent access lies not less than five

R.164 Width of doors --

Every entrance and exit of a public service vehicle other than a motor car shall be at least fifty-three centimetres in width and of sufficient height.


R.165 Grab-rail --

A grab rail shall be fitted to every entrance or exit, excluding an emergency exit of a public service vehicle other than a motor cab to assist passengers in boarding or alighting from the vehicle.


R.166 Steps --

       (1) In any public service vehicle other than a motor cab, the top of the tread of the lowest step for any entrance or exit, other than an emergency exit shall not be more than fifty centimetres or less than twenty five centimetres above the ground when the vehicle, is empty. All steps shall be fitted with non-slip treads. Fixed steps shall not be less than twenty-five centimetres wide and shall in no case project laterally beyond the body of the vehicle unless they are so protected by the front wings or otherwise that they are not liable to injure pedestrians.
       (2) In the case of a double decked vehicle--
       (i) the risers of all steps leading from the lower to the upper deck shall be closed, and no unguarded aperture shall be left at the top lending board;
       (ii) all steps leading from the lower to

R.167 Body dimensions, Guard Rails and Life Guards --

       (1) Every public service vehicle other than a motor cab or a maxi-cab shall be so constructed that--
       (i) in the case of a single decked vehicle with an enclosed body--
       (a) the height of the body side from the floor to the sill of the window shall be less than seventy centimetres;
       (b) if the height of the sides of the body or the sills of the body windows, as the case may be, above the highest part of any seat is less than forty-five centimetres, is made by means of guard rails or otherwise to prevent the arms of seated passengers being thrust through or the extent to which the side windows or Venetian can be lowered is such that when lowered their top edges is not less than forty-five centimetres above the highest part of any seat.
       (ii) in the base

R.168 Protection of passengers from weather --

       (1) Save in the case of the uncovered top deck of a double decked vehicle, every public service vehicle other than a motor cab shall be constructed with a fixed and water-tight roof and every motor cab shall be constructed with a fixed and water tight roof or be equipped with water tight hood that may be raised or lowered as required.
       (2) Save in the case of the uncovered top deck of a double decked vehicle, every public service vehicle shall have suitable windows, Venetians or screens capable at all times of protecting the passengers from the weather without preventing adequate ventilation of the vehicle. When the screen are made of fabric, the whole of them shall be at all time fastened securely to the vehicle :
       Provided that in the case of vehicles plying as Express and Deluxe services, the windows shall be fitted with clear and tinte

R.169 Internal Lighting --

Every public service vehicle other than motor-cab, having permanent roof, shall be furnished with one or more electric lights adequate to give reasonable illumination throughout the passengers compartment or compartments including the landing but of such power or so screened as not to impair the forward vision of the driver. Vehicles plying as night services shall be provided with blue coloured night lights.


R.170 Body construction --

       The body of every public service vehicle shall be constructed and fastened to the frame of the vehicle in compliance with such directions as may from time to time be issued by the State Transport Authority.


R.171 Compulsory Electric lighting --

No light other than an electric light shall be fitted to any public service vehicle.


R.172 Fuel Tanks --

       (1) No fuel tank shall be placed in any public service vehicle within sixty centimetres of any entrance or exit of a single decked, vehicle or the lower deck of a double decked vehicle.
       (2) The fuel tank of every public service vehicle shall be so placed that no over flow therefrom shall fall on any wood work or accumulate where it can be readily ignited. The "off" position of the means of operation shall be clearly marked on the outside of the vehicle. The filling points of all fuel tanks shall be out side the body of the vehicle and the filling-caps shall be so designed and constructed that can be securely fixed in position.


R.173 Carburettors --

In every public service vehicle any carburettors and apparatus associated therewith shall be so placed and shielded that no fuel leaking therefrom shall fall on any part of fitting that is capable of igniting it or into any receptacle where it might accumulate.


R.174 Exhaust pipe --

The exhaust pipe of every public service vehicle shall be so fitted or shielded that no inflammable material can be thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle; the outlet thereof shall be placed far enough to the rear to prevent, so far as practicable, fumes from entering the vehicle.


R.175 Electric wires --

All electric wires or leads shall be adequately insulated.


R.176 Fire Extinguishers --

Every public service vehicle other than a motor car shall be equipped with one or more fire extinguishers of such type and capacity as may be specified by the State Transport Authority and such fire extinguishers shall at all times be maintained in working condition.


R.177 Locking of Nuts --

All moving parts of every public service vehicle and all parts subject to serve vibration connected by belts or suits and nuts shall be fastened by lock nuts or by nuts with efficient springs or lock nut washers or by castellated nuts and split pins or by some other efficient device so as to prevent them from working or coming loose.


R.178 Floor Boards --

       (1) The floor boards of every public service vehicle shall be strong and closely fitted so as to exclude as far as possible brought dust.
       (2) The floor boards may be pierced for the purpose of drainage but for no other purpose.


R.179 Spare Wheel and tools--

       (1) Save as otherwise specified by the Regional Transport Authority in respect of municipal or cantonment areas every public service vehicle shall at all times be equipped with not less than one spare wheel or rim fitted with a pneumatic tyre in good and sound condition ready inflated, and mounted in such a way that it can be readily dismounted and fitted to the vehicle in place of any one of the road wheels.
       (2) Sub-rule (1) shall not apply to a public service vehicle during the completion of any journey during which it has been necessary to bring the spare wheel or rim and tyre into use.
       (3) Every public service vehicle shall at all times be furnished with an efficient jack and other tools necessary to change a wheel or rim and tyre and with the equipment necessary to repair a puncture.
       (4)

R.180 First Aid Box --

       Every stage carriage shall carry a dust proof first aid box containing the following articles, namely :--
       (1) A leaflet containing first-aid instructions issued under the authority of the St. Johns Ambulance Association;
       (2) Twenty-four sterilized finger dressing;
       (3) Twelve sterilized hand or foot dressing;
       (4) Twelve sterilized large or body dressing;
       (5) One extra large, two large and three small sterilized burn dressings.
       (6) Two twenty-four packets of sterilized cotton wooden.
       (7) A bottle of 2 percent tincture of iodine or a tube of antiseptic cream containing 0.5 per cent of centrimide B.P. in a non-greasy bas

R.181 Chocks --

       In order to prevent a goods vehicle from running backward on slopes or otherwise to render it immobile, every such vehicle not being a light motor vehicle, shall be equipped with two edge-shaped rigid chocks, each measuring thirty centimetres in length, thirty centimetres in breadth and twenty-five centimetres in height with one of its sides having a slope making an angle of 45 degree at the end. The plane surface of the sloped side of each chock shall be rendered concave so as to fit the other circumference of the tyres normally fitted to the rear wheels of the vehicles. The registration number of the vehicle shall be painted on the chocks.
       (2) Notwithstanding anything contained in sub-rule (1), where such vehicle is fitted with single rear wheels the breadth of each such chock may be less than thirty centimetres but not less than fifteen centimetres.
    &n

R.182 Driver's Seat in Goods Vehicles --

The provisions of Rule 163 applicable to a public service vehicle shall also apply to goods vehicle other than a light motor vehicle provided with bucket-type seats.


R.183 Securing of goods in open goods vehicles --

Goods transported in an open goods vehicle, shall be properly secured within the body of such vehicle in such a manner so as to prevent the goods from falling from such vehicle.


R.184 Checking of designs of locally manufactured Trailers --

       (1) An application for approval of a new design of trailer manufactured in India and intended to be used as a transport vehicle shall be sent to the State Transport Authority in triplicate by the manufacturer or his authorised assembler. Such application shall be accompanied by three copies of each of the following documents:--
       (i) full specification;
       (ii) Drawings giving all dimensions and details; and
       (iii) Set of design calculation of--
       (a) Axles;
       (b) Springs;
       (c) Long-bearers;
       (d) Cross-bearers;
       (e) Platform tank or anything that may be carried on the cross bearers;

R.185 Prohibition or Restriction on the use of Audible Signals --

       (1) No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped or shall cause or allow any other person to do so continuously or to an extent beyond what is necessary to ensure safety.
       (2) The District Magistrate may, by notification published in one or more regional news papers circulating in the area, and by the erection in suitable place of mandatory traffic sign, M 18 as set forth in the Schedule to the Act, prohibits, the use by driver of a motor vehicle of any horn, gong or other device for giving audible warning in any area within the district and during such hours as may be specified in the notification:
       Provided that when the District Magistrate prohibits the use of any horn, gong or other device for giving audiable warning during certain specified hours

R.186 Particulars to be exhibited on transport vehicle --

       (1) Save in the case of motor-cabs, the following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle in serial order given below :--
       (i) the name of the owner as set forth in the certificate of registration and his address in brief,
       (ii) the chassis number..................located at...............
       (iii) Engine No..............................
       (iv) the unladen weight denoted by U.L.W......................(Kgs.)
       (v) the gross vehicle weight denoted by G.V.W......................(Kgs).
       (vi) the number of passengers permitted to be carried denoted by passenger...........................
   &n

R.187 The use of Trailers with motor vehicles --

       (1) No trailer other than the trailing half of an articulated vehicle shall be attached to a public service vehicle.
       (2) No motor vehicle which exceeds nine hundred and twenty centimetres in length shall draw a trailer :
       Provided that this sub-rule shall not apply to any motor vehicle being towed in consequence of disablement.
       (3) No invalid carriage shall draw a trailer.
       (4) A motor cycle with two wheels and a side car shall not draw a trailer.
       (5) A motor cycle with two wheels without a side car shall not draw a trailer unless combination complies with the following requirements :--
       (i) the connection of the trailer, the motor cycle shall be made within the w

R.188 Distinguishing Mark for Trailer --

       (1) No person shall drive, offer or cause to be driven in any public place any motor vehicle to which a trailer is or trailers are attached unless there is exhibited on the back of the trailer or of the last trailer in train, as the case may be a distinguishing mark in the form set out in the diagram contained in Fourth Schedule to these Rules in restro-reflective red colour on white background.
       (2) The mark shall be kept clean and visible and shall be so fixed to the trailer that--
       (i) the letter on the mark is vertical and easily distinguishable from the rear of the trailer;
       (ii) the mark is either on the centre or to the right hand side of the rear of trailer; and
       (iii) no part thereof is at a height exceeding one hundred and twenty centimetres f

R.189 Attendant on trailer --

       (1) When a trailer is or trailers are being drawn by a motor vehicle there shall be carried in the trailer or trailers or on the drawing motor vehicle, as the case may be, the following persons not being less than twenty years of age and competent to discharge their duties that is to say :-
       (a) If the brakes of the trailer or trailers cannot be operated by the driver of the drawing motor vehicle or by some other person carried on that vehicle -
       (i) one person on every trailer competent to apply the brakes; and
       (ii) one person placed at or near the rear of the last trailer in train in such a position as to be able to have a clear view of the road in rear of the trailer to signal to the drivers of overtaking vehicles and communicate with the driver of the drawing motor vehicle.
  &n

R.190 Placement of Audio-Visual or Radio or Tape Recorder or Devices in the vehicle --

In any motor vehicle other than taxi-cab, devices like an audio-visual, radio or tape recorder if fitted, shall be placed in such a manner that it is beyond the reach of the driver. The driver shall not operate such audio-visual devices if fitted in the vehicle, while driving.


R.191 Mirror --

       Every motor vehicle, other than a transport vehicle not being a motor-cab or a motor cycle having not more than two wheels and to which a side car is not attached, shall be fitted either internally or externally and every transport vehicle other than a motor-cab shall be fitted externally with a mirror so placed that the driver shall be able to have a clear and distinct vision of vehicles approaching from the rear:
       Provided that the State Government may, by a general or special order exempt any transport vehicle or class of transport vehicles from the provisions of this rule on such conditions as may be specified in the order, if it is satisfied that having regard to the construction of such vehicle or class of vehicles, fitting of a mirror does not serve any useful purpose.


R.192 Dangerous Projections --

       (1) No mascot or other similar fitting or device shall be carried by any motor vehicle registered in India in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot is unlikely to cause injury to any person by reason of any projection thereon.
       (2) No motor vehicle shall be permitted to be used which is so constructed that any axle hub or hub cap projects laterally more than ten centimetres beyond the rim of the wheel to which it is attached, unless the hub or hub cap does not project laterally beyond the body or wings of the vehicle or is provided with an adequate guard.


R.193 Springing --

       Every motor vehicle and every trailer drawn hereby shall be equipped with suitable and sufficient means of spring adequately maintained in good and sound condition between the road wheels and the frame of the wheels :
       Provided that this shall not apply to :-
       (i) Any motor vehicle registered in India before the first day of April, 1940 if any means of springing with which it is fitted are adequately maintained in good and sound condition;
       (ii) any tractor not exceeding four thousand five hundred kilograms in weight unladen if all the unsprung wheels of the tractor are fitted with pneumatic tyres;
       (iii) any land tractor, land implement, agricultural trailer, equipped with pneumatic tyres having axle weight not exceeding three thousand kilograms or any

R.194 Turning Circle --

Every motor vehicle shall be so constructed as to be capable of turning in either direction in a circle not exceeding two hundred and forty five centimetres in diameter. For the purposes of this rule such diameter shall be determined by reference to the extreme outer edge of the wheel track at ground level.


R.195 Electronic device for overtaking --

The State Transport Authority may by notification in the official gazette direct that all or any class of transport vehicles plying in specified areas or routes shall be fitted with an electronic device of make and specifications approved by the State Transport Authority, which would amplify in the driver's cabin of the vehicle, the horn sound of a vehicle approaching from the rear and intending to overtake the vehicle.


R.196 Motor Vehicles fitted with left hand steering control --

       A motor vehicle fitted with a left hand steering control shall exhibit at a conspicuous place to the rear words "LEFT HAND DRIVE" on a plain place or a plain surface of the vehicle in red colour On white background, each letter being not less than eight centimetres in height and of uniform thickness of 1.25 cms.


R.197 Mud Guards --

       (1) Every motor vehicle except a tractor or trailer, shall unless adequate protection is afforded by the body of the motor vehicle, be provided with mud guards of other similar fittings to catch, so far as practicable mud or water thrown up by the rotation of the wheels.
       (2) The rear wheels of every trailer shall be provided with mud guards as aforesaid.


R.198 Attachment to motor cycle --

       (1) Every side car attached to a motor cycle shall be so attached, at the left hand side of the motor cycle, that the wheel thereof is not outside perpendicular planes at right angles to the longitudinal axis of the motor cycle passing through the extreme projecting points in front and in the rear of the motor cycle.
       (2) Every pillion seat attached to a motor cycle shall--
       (i) have two foot rests one on either side and directly below the seat fitted in such a manner that a person sitting on the pillion seat can rest his feet on such foot rests;
       (ii) have a hand grip fitted to the front of the seat.


R.199 Signal to driver to stop vehicle --

       Every motor vehicle for the use of passengers in which the driver's seat is separated from any passenger's compartment by a fixed partition which is not capable of being readily opened, shall be furnished with efficient means to enable the passengers in such compartment and the conductor, if any, to signal to the driver to stop the vehicle.


R.200 Coupling--

The coupling by which a trailer is attached to a motor vehicle shall be rigid and so constructed as to bear the strain put upon it and in no case shall exceed 120 centimetres in length.


R.201 Vehicle abandoned on road --

       If due to mechanical breakdown or otherwise any vehicle is prevented from moving or has stopped at rest on road except at a duly appointed parking place in such a manner as to cause obstruction to traffic or danger to any person, the driver shall--
       (i) forthwith cause the vehicle to be removed along making the road clear of any obstruction or danger;
       (ii) unless a heavy goods vehicle or heavy passenger motor vehicle is moved to a position as stated above, put the following mandatory precautionary signals to indicate the presence of the vehicle on the road namely :--
       (a) Switch on all the flasher lights, or
       (b) Place cautionary boards of the size 30 centimetres square mounted on a stand of 50 centimetres height with the words "CAUTION" written in bla

R.202 Installation and use of weighing devices --

       (1) A weighing device for the purpose of Section 114 of the Act may be--
       (i) a weighing bridge installed and maintained at any place by or under the order of the Government or a local authority or a railway administration;
       (ii) a weigh-bridge installed and maintained by any person and certified by the weights and measures department of the State; or
       (iii) a portable wheel-weigher of any kind approved by the Transport Commissioner.
       (2) The driver of any goods carriage shall upon demand by an officer of the Transport Department not below the rank of Assistant Transport Sub-Inspector or a Police Officer not below the rank of Sub-Inspector so to drive and manipulate the vehicle as to place it on any wheel or wheels thereof, as the case may be, upon any

R.203 Maintenance and management of parking places --

       (1) The District Magistrate may, in consultation with the Superintendent of Police and the local body, by notification, in the official gazette or by the erection of appropriate traffic sign of the Schedule to the Act, declare any place as the parking place for motor vehicles. Different places may be declared as parking places for different category of vehicles.
       (2) The District Magistrate may enter into an agreement with or grant a licence to any person or local body for the maintenance of the parking places under certain conditions. The agreement or licence may be terminated forthwith upon the breach of any conditions thereof.
       (3) The maximum period for parking of a vehicle may be fixed by the District Magistrate.
       (4) The District Magistrate shall prescribe fees for the use of the parking pl

R.204 Maintenance and management of stands --

       (1) The Regional Transport Authority by notification in the official gazette, or by the erection of appropriate traffic sign of the Schedule of the Act or both, may in respect of the taking up or setting down the passengers or both by public service vehicles or by specified class of public service vehicles :--
       (a) Conditionally or unconditionally prohibits the use of any specified place or of any place of a specified nature or class; or
       (b) Require that within the limit of any Municipal Corporation, Municipality, notified area or cantonment, or within such other limits as may be specified in the notification, certain specified stands only shall be so used :
       Provided that no place which is privately owned shall be so notified except with the previous consent in writing of the owner thereof.

R.205 Prohibition on driving with gear disengaged --

No person shall drive a motor vehicle on any hill marked by traffic sign No. 9 of the Schedule to the Act, with the engine free, that is to say with the gear lever in neutral, the clutch lever depressed or with any free wheel or other device in-operation which frees the engine from acting as a breaks when the vehicle is travelling down an incline.


R.206 Prohibition of taking hold of or mounting of vehicle in motion --

       (1) No person shall mount or attempt to mount or dismount from any motor vehicle when the motor vehicle is in motion.
       (2) No person shall take hold of, and no driver of a motor vehicle shall cause or allow any person to take hold of, any motor vehicle when in motion for the purpose of being towed or drawn, upon some wheeled vehicle or otherwise.


R.207 Prohibition of the use of foot paths, pavements by motor vehicles --

       Where any road or street is provided with footpaths, pavement or tracks reserved for pedestrians, cycles or specified classes of other traffic, no person shall drive any motor vehicle or cause or allow any motor vehicle to be driven of any such foot path, pavement or track.


R.208 Projection of loads --

       (1) Nothing shall be placed or carried upon the roof of a double decked public service vehicle.
       (2) No person shall drive, and no person shall cause or allow to be driven, in any public place any motor vehicle which is loaded in a manner likely to cause danger to any person or in such a manner that the load or any part thereof or anything extends--
       (i) Laterally beyond the side of the body or beyond a vertical plane in prolongation of the side of the body;
       (ii) To the front beyond the foremost part of the load body of vehicle;
       (iii) To the rear beyond the rear most part of the vehicle; and
       (iv) In height by a distance which exceeds 380 centimeters in case of a goods carriage and 350 centimeters in case of

R.209 Prohibition on use of cut outs --

No driver of a motor vehicle shall in any public place, make use of any cut out or other device by means of which the exhaust gases of the engine are released, save through the silencer.


R.210 Unguarded railway level crossing --

Every driver of a motor vehicle shall at the approach of any guarded railway level crossing stop the vehicle to check and see both sides of the track to ensure that the way is clear and shall proceed only when he is convinced that no train is approaching from either direction.


R.211 Erection of placing of signs or advertisements on road prohibited --

       No person shall place or cause or allow to be placed or erected, on any road any sign or advertisement which, in the opinion of District Magistrate or the Superintendent of Police, is so placed as to obstruct the visibility of any traffic sign or is so similar in appearance to a traffic sign as to be misleading.


R.212 Attendant --

The driver of a heavy goods carriage and heavy passenger motor vehicle shall be accompanied by an attendant, who shall be in a position to give warning of any traffic approaching from the rear and assist the driver by giving signals when the motor vehicle is being taken in reverse.


R.213 Head Gear --

       (1) The head gear to be worn by any person while driving or riding on a motor cycle shall be of the I.S.I., specification No. 181-4151-1976 as amended from time to time.
       (2) The provision of section 129 of the Act, shall not apply to a woman or a child who is not more than 12 years of age.


R.214 Inspection of vehicle involved in an accident and penalty for causing obstruction to free flow of traffic --

       (1) Subject to the provisions of section 136 of the Act, any officer of the Police Department or Transport Department not below the rank of Inspector shall inspect any vehicle involved in an accident.
       (2) Subject to the provisions of Section 201 of the Act, the police officers in uniform not below the rank of Sub-Inspector and all Officers of the Transport Department not below the rank of Assistant Transport Sub-Inspector are authorised to recover the penalties under sub-section (2) of the said section.
       1[(3) Towing costs payable under Section 127 and sub-section (1) of Section 201 of the Motor Vehicles Act, 1988 in respect of different vehicles shall be levied as specified below, namely :--
       1. Scooter, Motor Cycle Rs. 30.00 per vehicle
       2. Light Mot

R.215 Power to restrict use of vehicle --

       In accordance with Section 115 of the Act, the District Magistrate may, within the jurisdiction, prohibit or restrict the use of motor vehicles, driving of motor vehicles or of any specific class of motor vehicles or use of trailers specified area or specified road in the interest of public safety convenience or the condition of any road or bridge.


R.216 Main road --

In accordance with sub-section (1) (b) of section 116 of the Act, the District Magistrate may, within his jurisdiction, designate any road to be main road.


R.217 Limit of speed --

       In accordance with sub-section (2) of section 112 of the Act, the District Magistrate having regard to the public safety or convenience because of the nature of the road or bridge may, within his jurisdiction fix such maximum or minimum speed limits as he thinks fit for motor vehicles by placing or erecting appropriate traffic signs under Section 116 of the Act at suitable places.


R.218 Loading of public service vehicle on ferry boats --

       The driver, conductor, or other person incharge of a public service vehicle shall cause all passengers to alight before embarking the said vehicle on any ferry boat and shall not allow them to take their places in the vehicle until it has been disembarked.


R.219 Construction of speed breakers or humps on roads --

The District Magistrate in consultation with the District Level Road Safety Committee, the Superintendent of Police and local authorities/bodies may construct speed breakers or road humps on public road at suitable places of such specifications as approved by the All India Road Research Institute from time, to time.


R.220 Application for compensation arising out of an accident --

       (1) An application for compensation arising out of an accident of the nature specified under the Act shall be in Form M.P.M.V.R.-75 (COMP-A).
       (2) Every such application shall be sent to the Claims Tribunal by registered post or may be presented to such Claims Tribunal and shall, unless the Claims Tribunal otherwise directs be made in duplicate and shall be signed by the applicant.
       (3) There shall be appended to every such application, the following documents, namely:--
       (i) Injury certificate in Form M.P.M.V.R.-76 (COMP-B) or in case of death certificate;
       (ii) first information report in respect of the accident; and
       (iii) certificate regarding ownership and insurance particulars of the vehicle involved in

R.221 Production of passport size photograph by applicant --

Notwithstanding anything contained in sub-rule (3) of rule 220 the Claims Tribunal may require the applicant to produce a passport size photograph, which shall be attested by an Advocate. The photograph shall either be affixed to the original application or affixed to a separate sheet of paper which shall be fastened to the original application.


R.222 Fees --

       An application for compensation shall be affixed with Court fee stamps of the value of fifteen rupees as well as an additional stamp at the rate of rupees ten as process fee for each person whom the applicant proposes to summon as a witness.


R.223 Examination of applicant --

       On receipt of an application under rule 220 the Claims Tribunal may examine the applicant on oath and the substance of such examination shall be reduced to writing and shall be signed by the Claims Tribunal.


R.224 Summary dismissal of application --

       The Claims Tribunal may after considering the application and the statement of the applicant recorded under rule 223 dismiss the application summarily, if for reasons to be recorded in writing, the Claims Tribunal is of the opinion that there are no sufficient grounds for proceeding therewith:
       Provided that, the Claims Tribunal shall not reject the application made for compensation under section 140 on the grounds of any technical defects but shall give notice to the applicant and get the defects rectified.


R.225 Notice to opposite party and its examination --

       (1) If the application is not dismissed under rule 224 the Claims Tribunal shall send a copy of the application and issue notice to the party or parties from whom applicant claims relief (hereinafter referred to as an opposite party) of the date on which it will consider the application and may call upon the parties to produce on that date any evidence which they may wish to tender.
       (2) Where the applicant makes a claim for compensation under section 140, the Claims Tribunal shall give notice to the owners and Insurer if any, of the vehicle involved in the accident directing them to appear on the date, not later than fifteen days from the date of the issue of such notice. The date so fixed for such appearance shall also be not later than fifteen days from the receipt of the claim application filed by the claimant. The Claims Tribunal shall state in such notice that in case they fai

R.226 Obtaining of information and documents necessary for awarding compensation under section 140 --

       The Claims Tribunal shall obtain whatever information and documents which may be found necessary from the police, medical and other authorities and proceed to award the claim whether the parties who were given notice, appear or not, on the appointed date.


R.227 Judgement and award of compensation under section 140 --

       (1) The Claims Tribunal shall proceed to award the claim of compensation under section 140 on the basis of--
       (a) Application and Statement of the parties;
       (b) Accident Information Report in Form 54 of the Central Rules or Certificate regarding ownership and insurance particulars of the vehicle involved in the accident, obtained from the Registering Authority;
       (c) First Information Report;
       (d) Post Mortem Report or Death Certificate or Injury Report in Form M.P.M.V.R.-76 (Comp. B) by the Medical Officer who has examined the victim;
       (e) Any other information or documents obtained by the Tribunal under rule 226.
       (2) The Claims Tribunal in passing orders shall make

R.228 Procedure of disbursement of compensation under section 140 to legal heirs in case of death --

Where the Claims Tribunal feels that the disbursement of actual amount due to the claimant is likely to take time because of the identification and the fixation of legal heirs of the deceased, the Claims Tribunal may call for the amount of compensation awarded, to be deposited with the Claims Tribunal and then proceed with the identification of the legal heirs for deciding the payment of compensation to each of the legal heir.


R.229 Local inspection --

       (1) The Claims Tribunal may, at any time during the course of an enquiry before it, visit the site at which accident occurred for the purpose of making a local inspection or examining any persons likely to be able to give information relevant to the proceeding.
       (2) Any party to a proceeding or the representative of any such party may accompany the Claims Tribunal for a local inspection.
       (3) If the Claims Tribunal thinks it fit so to do, it may require the owner of the vehicle involved in the accident or in his absence the person incharge of such vehicle to produce the vehicle for inspection at the time and place to be mentioned by it, if necessary, in consultation with the owner or such person.
       (4) The Claims Tribunal after making a local inspection shall note briefly in a memorandum any facts

R.230 Framing and determination of issues --

       (1) After considering the written statement or the result of examination of the opposite party and the result of the local inspection, if any, the Claims Tribunal shall proceed to frame the issues.
       (2) After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.


R.231 Summoning of witnesses --

If an application is presented by any party to the proceeding for the summoning of witnesses the Claims Tribunal shall on payment of the expenses involved, if any, issue summons for the appearance of such witnesses, unless it considers that their appearance is not necessary for a just decision of the case.


R.232 Appearance of parties --

Any appearance application or any act required to be made or done by any person before or to a Claims Tribunal other than appearance of a party which is required for the purpose of his examination as a witness may be made or done on behalf of such person by a legal practitioner or by an official of the Insurance Company or with the permission of the Claims Tribunal by any other person so authorised.


R.233 Appointment of representatives on behalf of parties --

       (1) Where any party to a proceeding is a minor or a person suffering from physical disability and on that account is unable to make an appearance, the Claims Tribunal shall appoint suitable person who consents to the appointment, represent such party for the purpose of the proceeding.
       (2) If the Claims Tribunal considers that the interest of any party for whom a representative has been appointed under sub-rule (1) are not being adequately protected by that representative or if a person appointed to as representative dies or becomes incapable of acting, or otherwise ceases to act as such. Claims Tribunal shall appoint in his place another person who consents to the appointment.


R.234 Power of summary examination --

       (1) The Claims Tribunal during an inspection or at any other time, save at a formal hearing of a case pending before it, may examine summarily any person likely to be able to give information relevant to such case, whether such person has been or is to be called as a witness in the case or not, and whether any or all the parties are present or not.
       (2) No oath shall be administered to a person examined under sub-rule (1).
       (3) Statements made by person examined under sub-rule (1) if reduced to writing, shall not be signed by the persons making the statement, nor shall they except as hereinafter provided, be incorporated in the record or utilised by the Claims Tribunal for the purpose of arriving at a decision in the case.
       (4) If a witness who has been examined under sub-rule (1) makes in eviden

R.235 Method of recording evidence --

       The Claims Tribunal shall on examination of a witness proceed to make a brief memorandum of a substance of the evidence of such witness and such memorandum shall be written and signed by the Claims Tribunal and shall form part of the record :
       Provided that, if the Claims Tribunal is prevented from making such memorandum, it shall record the reason of its inability to do so and shall cause such memorandum to be made in writing from its dictation and shall sign the same, and such memorandum shall form part of the record :
       Provided further, that the evidence of any medical witness shall be taken down as nearly as may be, word by word.


R.236 Expert --

       (1) The Claims Tribunal may for the purpose of adjudicating upon any claim for compensation, other than claims for compensation under section 140, choose not more than two persons having technical or special knowledge with respect to any matter before the Claims Tribunal for the purpose of assisting it in the holding of the enquiry.
       (2) The remuneration, if any, to be paid to the expert shall be determined by the Claims Tribunal.


R.237 Procedure in connected cases --

       (1) Where two or more cases pending before a Claims Tribunal arise out of the same accident, and any issue involved is common to two or more cases, such cases, may, so far as the evidence bearing on such issue is concerned, be held simultaneously.
       (2) Whereas action is taken under sub-rule (1) the evidence bearing on the common issue or issues shall be recorded on the record of one case and the Claims Tribunal shall certify under its hand on the records of any such other case, the extent to which evidence so recorded applies to such other case and the fact that the parties to such other case had the opportunity of being present, and, if they were present, of cross-examining the witnesses.



Legal Commentary on Madhya Pradesh Motor Vehicles Rules, 1994 - Section R.237

Introduction

The Madhya Pradesh Motor Vehicles Rules, 1994, provide a comprehensive framework for the regulation of motor vehicles in the state. Section R.237 specifically addresses the procedural aspects concerning cases arising from motor vehicle accidents.

What does Section R.237 Say

Section R.237 outlines the procedure to be followed when two or more cases pending before a Claims Tribunal arise from the same accident. It aims to streamline the adjudication process by consolidating related cases.

Essential Ingredients

  • Multiple Cases: The section applies when there are two or more cases.
  • Common Issues: The cases must involve common issues arising from the same accident.
  • Claims Tribunal: The procedure is specifically for cases pending before a Claims Tribunal.

Scope of Section

The scope of Section R.237 is limited to procedural matters concerning the consolidation of cases related to motor vehicle accidents. It does not address the substantive rights or liabilities of the parties involved.

Punishment for Section

The section itself does not prescribe any punishment; rather, it focuses on procedural guidelines for handling connected cases.

Legal Comments

  • Keyword - Summary - [Source Reference]
  • Multiple Cases - Section R.237 applies when two or more cases are pending before a Claims Tribunal arising from the same accident. -
  • Common Issues - The section emphasizes that the cases must involve common issues to be consolidated. -
  • Claims Tribunal - The procedure is specifically designed for cases pending before a Claims Tribunal, ensuring a streamlined process. -
  • Efficiency - The consolidation of cases aims to enhance judicial efficiency and reduce redundancy in hearings. -
  • Legal Clarity - By providing a clear procedural framework, Section R.237 helps in minimizing confusion regarding the handling of related cases. -
  • Judicial Economy - The section promotes judicial economy by allowing related cases to be heard together, saving time and resources. -
  • No Punitive Measures - Unlike other sections of the Motor Vehicles Rules, R.237 does not impose any punitive measures for non-compliance. -
  • Applicability - The section is applicable only to cases arising from motor vehicle accidents, thus having a specific focus. -
  • Legal Precedent - The procedural guidelines set forth in R.237 may influence future cases involving multiple claims from a single incident. -
  • Claims Tribunal Role - The Claims Tribunal plays a crucial role in adjudicating these connected cases, ensuring justice is served efficiently. -
  • Judicial Discretion - The tribunal has the discretion to determine how to manage the consolidated cases, which may vary based on circumstances. -
  • Impact on Claimants - Claimants may benefit from the consolidation as it can lead to quicker resolutions of their claims. -
  • Legal Representation - Parties involved in such cases should ensure they have adequate legal representation to navigate the complexities of consolidated proceedings. -
  • Potential for Appeals - Decisions made in consolidated cases may still be subject to appeals, which could complicate the legal landscape. -
  • Public Awareness - There is a need for greater public awareness regarding the provisions of Section R.237 to ensure that affected parties understand their rights. -
  • Future Amendments - The section may be subject to amendments as the legal landscape surrounding motor vehicle accidents evolves. -
  • Interplay with Other Laws - Section R.237 interacts with other provisions of the Motor Vehicles Act and related laws, creating a comprehensive legal framework. -
  • Judicial Interpretation - Courts may interpret the provisions of R.237 in various ways, leading to differing applications in practice. -
  • Importance of Documentation - Proper documentation and evidence collection are crucial for the successful consolidation of cases under this section. -

R.238 Award of compensation --

       (1) The Claims Tribunal in passing orders, shall record concisely in a judgment the findings on each of the issue framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurers and the owner of the vehicle who may be found vicariously responsible for causing the accident and also the person or persons whom compensation shall be paid.
       (2) Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.
       (3) The Claims Tribunal may in its discretion pass such order in respect of costs incidental to any proceedings before it as it may deem fit.


R.239 Receipt for compensation --

Upon payment of compensation a receipt shall be obtained by the Claims Tribunal and such receipt shall be forwarded to the insurer concerned or as the case may be, the owner of the vehicle, for the purpose of record.


R.240 Procedure to be followed by Claims Tribunal in holding enquiries --

Applications of certain provisions of Code of Civil Procedure 1908; save as otherwise expressly provided in the Act or these rules, the following provisions of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) namely, those contained in Order V, Rules 9 to 13 and 15 to 20, Order IX, *[Order XIII, Rule 3 to 10], Order XVI, Rule 2 to 21, Order XVII, Order XXI and Order XXIII, Rules 1 to 3 shall apply to proceedings before a Claims Tribunal in so far as they may be applicable thereto.


R.241 Minor accident --

       summary procedure --
       Notwithstanding anything contained in these rules, in the case of minor accidents the Claims Tribunal may follow such summary procedure, as it thinks fit.


R.242 Form of appeal and contents of memorandum --

       (1) Every appeal against the award of the Claims Tribunal shall be preferred in duplicate in the form of memorandum signed by the appellant or an Advocate or attorney of the High Court duly authorised in that behalf by applicant and shall be presented within ninety days from the date of the award to the Registrar of the High Court or to such officer authorised by him in this behalf. The Memorandum shall be accompanied by a certified copy of the award.
       (2) The memorandum in sub-rule (1) set forth concisely and under distinct heads the grounds of objection to the award appealed from without any argument or narrative; and such ground shall be numbered consecutively.
       (3) Save as provided in sub-rule (1) and (2) the provisions of Order XXI and Order XLI of the First Schedule of the Code of Civil Procedure, 1908 (V of 1908) shall mutatis mutan

R.243 Establishment of Motor Vehicles Department --

       (1) The Motor Vehicles Department within the meaning of section 213 of the Act shall be the Transport Department of Government of Madhya Pradesh. The officer designated as Transport Commissioner, Madhya Pradesh shall be in overall charge and control of the Department and subject to the general and specific guidance of the State Government. The following officers shall be deemed to be officers of the Motor Vehicles Department in terms of Section 213 of the Act, the officers in a lower Category being subordinate to officers in the higher category :-
       Category Designation of Officers
       I. Transport Commissioner.
       II. Secretary, State Transport Authority.
       III. Deputy Transport Commissioners.
       IV. (a) Assistant Tra

R.244 Jurisdiction of the officers of the Transport Department --

       (1) The Transport Commissioner, the Secretary State Transport Authority, the Deputy Transport Commissioner and Assistant Transport Commissioners posted in the Transport Commissioner's office shall exercise jurisdiction over the entire State of Madhya Pradesh and the remaining officers shall exercise jurisdiction within the region or zone to which they are posted :
       Provided that Transport Inspector and a Sub-Inspector posted to the office of the Transport Commissioner and any other Transport Inspector or Sub-Inspector when accompanying the Transport Commissioner, Deputy Transport Commissioner or Assistant Transport Commissioner or when specifically directed in writhing by the Transport Commissioner or the Deputy Transport Commissioners shall exercise jurisdiction throughout the State or Zone concerned.


R.245 Performance of functions of sub-ordinate officers by superior officers --

       Notwithstanding anything contained in these rules and subject to such general or special orders as may be issued by the Transport Commissioner in this behalf--
       (a) The Transport Commissioner, Deputy Transport Commissioner or Assistant Transport Commissioners may at any time exercise the powers and perform the functions of a Regional Transport Officer or Transport Inspector under these Rules;
       (b) A Regional Transport Officer, Additional Regional Transport Officers or Assistant Regional Transport Officer, may, at any time, perform any of the functions of a Transport Inspector.


R.246 Performance of function of superior officers by subordinate officers --

       Notwithstanding anything contained in the rules and subject to such general or special order, as may be issued by the Transport Commissioner, in this behalf--
       (a) A Deputy Transport Commissioner may exercise the powers conferred under the Act and these rules and any other enactment in force, of the Transport Commissioner;
       (b) An Additional Regional Transport Officer and Assistant Regional Transport Officer shall exercise the powers conferred under the Act or these Rules or any other enactment in force, of a Regional Transport Officer.


R.247 Powers including powers exercisable by police officers under the Act to be exercised by the officers of the Transport Department--

       The officers of the Transport Department specified in Column (1) of the table below shall exercise the powers under the provisions of Section of the Act as specified in column (2) of the said Table :--
       TABLE
       Officers Sections of the Act
       (1) (2)
       1. Transport Commissioner Section 114(1)
       2. All Deputy Transport Commissioners 130(1), 130(2), 130(3), 132(1), 133, 134(b), 136.
       3. All Assistant Transport Commissioners 158(1),158(2).
       4. Regional Transport Officers 158(3), 154(4)
       5. Additional Regional Transport Commissioners 202, 206 and 207.
      

R.248 Uniform to be worn by officers in the subordinate transport service --

       (1) The uniform to be worn by Transport Inspectors, Transport Sub-inspector and Assistant Transport Sub-Inspector shall be as follows :--
       (i) Dress on Duty -- Blue woolen and one piece barret cap with badge, Khaki Shirt or bushirt, Whistle with Blue lanyard, Khakhi Socks and Brown boots;
       (ii) Dress for formal occasions -- Khakhi peak cap with badge, Khaki shirt, whistle with blue lanyard, Khakhi trousers, brown cross belt with white metal fittings, Khakhi socks and brown boots;
       (iii) Winter Clothing - Woolen khakhi shirt, olive green jersey, Khakhi woolen over coat and woolen khakhi socks may be worn with the dress;
       (iv) Badges of rank -- Transport Inspector, shall wear three stars with blue and red ribbon, Transport Sub-Inspectors shall wear two st

R.249 Certificate of appointment --

       (1) Every officer of the Madhya Pradesh Transport Department of Gazetted Service and the subordinate Transport Service shall be issued a certificate of appointment in Form M.P.M.V.R.-77 (C.A.P.P.). The certificate of appointment shall bear the signature and seal of the Transport Commissioner and shall be conclusive proof of the fact of appointment of the officer as such. The officer to whom the certificate of appointment has been issued shall keep it in his personal custody and shall surrender it when he ceases to be in the service of the Transport Department.
       (2) In case the certificate of appointment is lost or stolen, the officer to whom it was issued shall immediately notify the fact of loss to his next superior officer, the Transport Commissioner and the nearest Police Station. Any person finding a certificate of appointment shall forthwith hand it over to the nearest Police S

R.250 Reward and Punishment --

       (1) Officer belonging to the subordinate Motor Vehicles Department Service may be given special reward for :--
       (i) Good Service or definite acts of good conduct, Bravery or intelligence; or
       (ii) For good detection of offence and prevention of evasion of taxes. Rewards may take the form of either cash or commendation certificate or articles of value. The Authority competent to sanction reward of value upto Rs. 250/- shall be the Transport Commissioner. Reward of higher value shall require the sanction of the State Government. A cash reward shall not be less than Rs. fifty in the case of a Transport Inspector and Rupees twenty five in the case of Transport Sub-Inspector and Assistant Transport Sub-Inspector.
       (2) Notwithstanding anything contained in the Madhya Pradesh Civil Service (Classificati

R.251 Repeal and Savings--

       On the commencement of these rules, the Madhya Pradesh Motor Vehicles Rules, 1974, the Madhya Pradesh State Transport Appellate Tribunal (Appeal and Revision) Rules, 1972, the Madhya Pradesh Motor Vehicles (National Permits) Rules, 1975, the Madhya Pradesh Motor Vehicle (Payment of Fee) Rules, 1974, and the Madhya Pradesh Licensing of Agents, Collecting, Forwarding and Distributing Rules, 1972, in force in the State immediately before the commencement of these Rules, shall stand repealed :
       Provided that anything done or any action taken under any of the said Rules so repealed, shall be deemed to have been done or action taken under the corresponding provisions of these rules unless such thing or action is inconsistent with any of the provisions of these rules.


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