AMENDMENTS TO MOTOR VEHICLES ACT, 1988
(arranged according to Sections)


ORIGINAL ACT

AMENDED ACT

Sr. No.

S

SS

C

Original Text

Amendment

By

From

1

2

8

(a)

in the manufacture of motor vehicles; or

Omitted

Act 54 of 1994, sec. 2

14-11-1994

2

2

21

-

“light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 6,000 kilograms;

“light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road- roller the unladen weight of any of which, does not exceed 7500 kilograms;

Act 54 of 1994, sec. 2

14-11-1994

3

2

(21A)

-

 Newly added

“manufacturer” means a person who is engaged in the manufacture of motor vehicles;

Act 54 of 1994, sec. 2

14-11-1994

4

2

28

-

“motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty- five cubic centimeters;

“motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four
wheels fitted with engine capacity of not exceeding twenty-five cubic centimeters;

Act 54 of 1994, sec. 2

14-11-1994

5

2

39

-

“semi-trailer” means a trailer drawn by a motor vehicle and so constructed that a part of it is super-imposed on, and a part of its weight is born by, the drawing vehicle;

“semi-trailer” means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is super-imposed on, and a part of whose weight is born by that motor vehicle;


Act 54 of 1994, sec. 2

14-11-1994

6

2

42

-

“ State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by, -
(i) the Central Government or a State Government;
(ii) any Road Transport Corporation established under section 3 of the Road Transport Corporation Act, 1950 (64 of 1950);
(iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments.
Explanation. – For the purpose of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

“ State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by, -
(i) the Central Government or a State Government;
(ii) any Road Transport Corporation established under section 3 of the Road Transport Corporation Act, 1950 (64 of 1950);
(iii) any municipality or any corporation or company owned or controlled by the Central Government and one or more State Governments, or by the Central Government and one or more State Governments.
(iv) Zila Parishad or any other similar local authority.
Explanation. – For the purpose of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

Act 54 of 1994, sec. 2

14-11-1994

7

3

1

-

No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle [other than a motor cab hired for his own use or rented under any scheme made under sub-section (2) of section75] unless his driving licence specifically entitles him so to do.

No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle other than a motor cab or motor cycle hired for his own use or rented under any scheme made under sub-section (2) of section75 unless his driving licence specifically entitles him so to do.

Act 54 of 1994, sec. 3

14-11-1994

8

4

1

-

No person under the age of eighteen years shall drive a motor vehicle in any public place:
Provided that a motor cycle without gear may be driven in a public place by a person after attaining the age of sixteen years.

No person under the age of eighteen years shall drive a motor vehicle in any public place:
Provided that a motor cycle with engine capacity not exceeding 50 cc may be driven in a public place by a person after attaining the age of sixteen years.

Act 54 of 1994, sec. 4

14-11-1994

9

7

1


(a)




(b)





( C)

No person shall be granted a learner’s licence-
to drive  a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;

to drive a heavy passenger motor vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium passenger motor vehicle;

to drive a medium goods vehicle or a medium passenger motor vehicle unless he has held a driving licence for at least one year to drive a light motor vehicle.

No person shall be granted a learner’s licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year.

Act 54 of 1994, sec.5

14-11-1994

10

8

3

-

Every application under sub section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazatte, appoint for this purpose.

Every application under sub section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazatte, appoint for this purpose:
Provided that no such medical certificate is required for licence to drive a vehicle other than a transport vehicle.

Act 54 of 1994, sec. 6

14-11-1994

11

9

3

-










(a)
-









(b)

No driving licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test of competence to drive as may be prescribed by the Central Government:
Provided that, where the application is for a driving licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from the test of competence prescribed under this sub-section, if the licensing authority is satisfied
(i) that the applicant has previously held a driving licence and that the period between the date of expiry of that licence and the date of such application does not exceed five years; or
(ii) that the applicant holds or has previously held a driving licence issued under section 18; or
(.iii) that the applicant holds a driving licence issued by a competent authority of any country outside India; and
that the applicant is not suffereing from any disease or disability which is likely to cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source of danger to the public; and the licensing authority may for that purpose require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section(3) of section 8:
Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate issued by an automobile association recognized in this behalf by the State Government.

If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence:
Provided that no such test shall be necessary where the applicant produces proof to show that-
(a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or
(ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or
(iv) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8,
(b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:
Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub-section, if the applicant possesses a driving certificate issued by any institution recognized in this behalf by the State Government


Act 54 of 1994, sec. 7

14-11-1994

12

10

2

(e),
(f),
(g),
(h)

(e) medium goods vehicle;
(f) medium passenger motor vehicle;
(g) heavy goods vehicle;
(h) heavy passenger motor vehicle;

(e) transport vehicle;
(f) deleted
(g) deleted
(h) deleted

Act 54 of 1994, sec.8

14-11-1994

13

14

2

(a)

in the case of a licence to drive a transport vehicle, be effective for a period of three years; and

In the case of a licence to drive a transport vehicle, be effective for a period of three years: Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and


Act 54 of 1994, sec. 9

  14-11-1994

14

14

2

(b)

In the case of any other licence, –
(i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of forty years on the date of issue or, as the case may be, renewal thereof, -
(A) be effective for a period of twenty years from the date of such issue or renewal; or
(B) until the date on which such person attains the age of forty years;
whichever is earlier;

In the case of any other licence, –
(i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of   fifty  years on the date of issue or as the case may be, renewal thereof, -
(A) be effective for a period of twenty years from the date of such issue or renewal; or
(B) until the date on which such person attains the age of fifty years;
whichever is earlier;

 Act 54 of 1994, sec. 9

14-11-1994

15

14

2

(b)

(ii) if the person referred to in sub-clause (i) has attained the age of forty years on the date of issue or, as the case may be , renewal thereof, be effective for a period of five years from the date of such issue or renewal:
Provided that every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry.

If the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or, as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal:
Provided that every driving licence shall, notwithstanding its expiry under this sub-section continue to be effective for a period of thirty days from such expiry.

Act 54 of 1994, sec. 9

14-11-1994


16

26

2

-

Each State Government shall supply to the Central Government a printed copy of the State Register of Driving Licences and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time.

Each State Government shall supply to the Central Government a printed copy or copy in such other form as the Central Government may require, of the State Register of Driving Licences and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time.

Act 54 of 1994, sec. 10

14-11-1994

17

41

14

-

An application for the issue of a duplicate certificate of registration shall be made to the original registering authority in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government.

An application for the issue of a duplicate certificate of registration shall be made to the last registering authority in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government.

Act 54 of 1994, sec.11

14-11-1994

18

43

2

-

A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:
Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow. 

A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:
Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body or any unforeseen circumstances beyond the control of the owner, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow. 

 Act 54 of 1994, sec. 12

14-11-1994

19

43

3

-

Sub-Section newly inserted

In a case where the motor vehicle is held under hire-purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.

Act 54 of 1994, sec.12

14-11-1994

20

48

6

-

Sub-Section newly inserted

The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.

Act 54 of 1994 sec. 13

14-11-1994

21

51

2

-

Where the ownership of any motor vehicle registered under this Chapter transferred and the transferee enters into the said agreement with any person, the original registering authority shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration.

Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, he last registering authority shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration and an intimation in this regard shall be sent to the original registering authority if the last registering authority is not the original registering authority.

Act 54 of 1994,
Sec.14

14-11-1994

22

51

5

-

Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered in to the said agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make ( by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered in to the said agreement:
Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee:
Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. 

Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered in to the said agreement, satisfies the registering authority that he has taken possession of the vehicle from the registered owner owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make ( by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered in to the said agreement: Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee:
Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. 

Act 54 of 1994, sec. 14

14-11-1994

23

51

6

-

The registered owner shall, before applying to the appropriate authority, for renewal of a permit under section 81 or for the issue of the duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark under section 47, make an application to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).

The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application  to the person with whom the registered owner has entered into the said agreement, (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).

Act 54 of 1994, sec. 14

14-11-1994

24

51

10

(f)

change of address,
shall communicate to the financier that such entry has been made.

change of address,
shall communicate by registered post acknowledgement due to the financier that such entry has been made.

Act 54 of 1994, sec. 14

14-11-1994

25

51

11

-

A registering authority issuing a duplicate certificate of registration shall intimate the financier of such issue.

A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction.

Act 54 of 1994,
sec.14

14-11-1994

26

51

12

-

Newly added

The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.

Act 54 of 1994,
sec.14

14-11-1994

27

52

 





(a)





(b)










 Alteration in motor vehicle.
 No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer accurate, unless-

he has given notice to the registering authority within whose jurisdiction he has the residence or the place of business where the  vehicle is normally kept, as the case may be, of the alteration he proposes to make; and

he has obtained the approval of that registering authority to make such alteration :

Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two per cent of the weight entered in the certificate of registration.

Where a registering authority receives a notice under sub-section (1), it shall, within seven days of the receipt thereof, communicate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise:

Provided that where the owner of the motor vehicle has not received any such communication within the said period of seven days, the approval of such authority to the proposed alteration shall be deemed to have been given.

Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorise, subject to such conditions as may be specified in the notification, the owners of not less than ten transport vehicles to alter any vehicle owned by them so as to replace the engine thereof without the approval of the registering authority.

Where any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have been given under sub-section (2) or by reason of replacement of its engine without such approval under sub-section (3), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration, may be entered therein.
A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.

 Alteration in motor vehicle (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturers:
Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:
Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits:
Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.
(2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorize, subject to such conditions as may be specified in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of the registering authority.
(3) Where any alteration has been made in motor vehicle without the approval of the registering authority or by reason of replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein.
(4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority.
(5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner.
Explanation. – For the purpose of this section, “alteration” means a change in the structure of a vehicle which results in a change in its basic feature.

28

56

(4)

-

The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and rules made there under; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained.

The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and rules made there under; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained:
Provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualifications.

29

57

(1)

-

Any owner of a motor vehicle aggrieved by an order of refusal under section 45 to register a motor vehicle or to renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle) or under section 48 to issue a no objection certificate or under section 50 to enter the particulars of the transfer of ownership in the certificate of registration or under sub-section (1) of section 56 to issue a certificate of fitness or by an order of suspension under section 53 or cancellation under section 54 or section 55 or by an order of cancellation under sub-section (4) of section 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.

Any person aggrieved by an order of the registering authority under section 41, 42, 43, 45,47,48,49,50,52,53,55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.

30

58

(1)

-

The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than a motor cab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the maximum safe laden weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.

The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motor cab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the maximum gross vehicle weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.

31

58

(4)

-

When by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the gross vehicle weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub-section (3), the provisions of section 52 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weights which accord with the said sub-section.

Omitted

32

63

(2)

-

Each State Government shall supply to the Central Government a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time.

Each State Government shall supply to the Central Government if so desired by it a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time.

33

66

(2)

-

The holder of a goods carriage permit may use the vehicle, for the drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed.

The holder of a goods carriage permit may use the vehicle, for the drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed:
Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailer.

34

66

3

(h)

to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognized by the Central or State Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India;

Omitted

35

66

3

(l)

to any transport vehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify;

Omitted

36

67

(1)

(i)

regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage Carriages, contract carriages and goods carriages;

Omitted

37

68

(3)

(.c)

to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and

to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities.
(ca) Government to formulate routes for plying stage carriages; and

38

71

(1)

-

A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act:
Provided that such permit for a route of fifty kilometers or less be granted only to an individual or a State transport undertaking.

A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act.

39

71

(3)

(d)

After reserving such number of permits as is referred to in clause (.c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely: -
(i) financial stability of the applicant;
(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from-
(i) State transport undertakings;
(ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force;
or
(iii) ex-servicemen.

After reserving such number of permits as is referred to in clause (.c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely: -
(i) financial stability of the applicant;
(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from-
(i) State transport undertakings;
(ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force;
(iii) ex-servicemen.[or]
(iv) any other class or category of persons, as the State Government may, for reasons to be recorded in writing, consider necessary.

40

71

(4)

-

A Regional Transport Authority shall not grant more than five stage carriage permits to any individual or more than ten stage carriage permits to any company (not being a State transport undertaking).

Omitted

41

71

(5)

-

In computing the number of permits to be granted under sub-section (4), the permits held by applicant in the name of any other person and the permits held by any company of which such applicant is a director shall also be taken into
account
Explanation.- For the purpose of this section “company” means any body corporate, and includes a firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm.

Omitted

42

75

(1)

-

The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of motor cabs to persons desiring to drive the cabs for their own use and for matters connected therewith.

The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles for their own use and for matters connected therewith.

43

80

(2)

-

A Regional Transport Authority shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act:
Provided that the Regional Transport Authority may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74:
Provided further that where a Regional Transport Authority refuses an application for the grant of permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter.

A Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act:
Provided that the Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in the notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74:
Provided further that where a Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 refuses an application for the grant of permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter.

44

80

4

-

A Regional Transport Authority may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid:
Provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in  writing of the holder of the permit.

A Regional Transport Authority, State Transport Authority or any prescribed authority to in sub-section (1) of section 66 may, before such date as may be prescribed by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid:
Provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in the writing of the holder of the permit.

Act 54 of 1994, sec. 25

14-11-1994

45

81

(1)

-

A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective without renewal for a period of five years:
Provided that where the permit is countersigned under sub-section (1) of section 88, such counter-signature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit.

A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective from the date of issuance or renewal thereof for a period of five years:
Provided that where the permit is countersigned under sub-section (1) of section 88, such counter-signature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit.

Act 54 of 1994, sec. 26

14-11-1994

46

88

(8)

-

Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, grant a special permit in relation to a vehicle covered by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such  special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be.

Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority may, for the convenience of the public, grant a special permit to any public service vehicle including any vehicle covered by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such  special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be.

Act 54 of 1994, sec.27

14-11-1994

47

88

(9)

-

Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as my be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73,74,80,81, 82, 83,84, 85, 86 and 89 shall, as far as may be, apply in relation to such permits.

Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as my be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73,74,80,81, 82, 83,84, 85, 86 clause (d) of sub-section (1) of section 87 and section 89 shall, as far as may be, apply in relation to such permits.

Act 54 of 1994, sec, 27

14-11-1994

48

88

10

-

Without prejudice to the provisions of section 74, the State Transport Authority shall, in considering an application for a permit under sub-section (9) in respect of tourist vehicles other than motor cabs, have regard to the following matters, namely: -
(a) no such permit shall be issued -
(i) to an individual owner so as to exceed ten such valid permits in his own name,
(ii) to a company so as to exceed twenty such valid permits in its own name;

(b) the restriction under clause (a) regarding the number of permits to be granted shall not apply to the India Tourism Development Corporation, State Tourism Development Corporations, State Tourism Departments or State Transport undertakings;

(c) in computing the number of permits for the purpose of clause (a), the number of permits held by an applicant in the name of any other person and the permits held by any company of which such applicant is a director shall also be taken into account.

Explanation. - For the purposes of this sub-section and sub-section (13), “company,” means a body corporate, and includes a firm or other association of individuals, and “director”, in relation to a firm, means a partner in the firm.

Omitted

Act 54 of 1994, sec. 27

14-11-1994

49

88

13

-

The appropriate authority shall, in considering an application for a national permit, have regard to the following matters, namely: -

(a) no national permit shall be issued -

(i) to an individual owner so as to exceed five national permits in its own name:
(ii) to a company so as to exceed ten valid national permits in its own name;

(b) the restriction under clause (a) regarding the number of permits to be issued shall not apply to the State transport undertakings;

(c) in computing the number of permits for the purpose of clause (a), the number of permits held by an applicant in the name of any other person and the permits held by any company of  which such applicant is a director shall also be taken into account.

Omitted

Act 54 of 1994. sec. 27

14-11-1994

50

89

(2)

-

The State Government shall constitute for the State, a State Transport Appellate Tribunal which shall consist of a judicial officer who is not below the rank of a District Judge, or who is qualified to be a Judge of a High Court:

Provided that in relation to a Union territory, the Tribunal may consist of the Administrator of that territory or any officer who has judicial experience.

The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.

Act 54 of 1994, sec. 28

14-11-1994

51

91

(1)

-

No person shall cause or allow any person who is employed by him for the purpose of driving a transport vehicle or who is subject to his control for such purpose to work. –
(a) for more than five hours before he has had an interval of rest of at least half an hour; or
(b) for more than eight house in one day; or
(c) for more than forty-eight hours in any week.

The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (7 of 1961).

Act 54 of 1994, sec. 29

14-11-1994

52

99

(1)

-

 Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly  co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit.

  Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State Transport Undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit.

Act 54 of 1994, sec. 30

14-11-1994

53

99

(2)

-

Newly added

Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue or till the date of final publication of the scheme under section 100, whichever is earlier.

Act 54 of 1994, sec. 30

14-11-1994

54

109

(3)

-

Newly added.

If the Central Government is of the opinion that it is necessary or expedient so to do, in public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.

 Act 54 of 1994, sec. 31

14-11-1994

55

110

(1)

(b)

the size, nature and condition of tyres;

the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture, and the maximum load carrying capacity;

Act 54 of 1994, sec. 32

14-11-1994

56

 110

(1)

(n)

Newly added.

 installation of catalytic convertors in the class of vehicles to be prescribed.



Act 54 of 1994, sec. 32

14-11-1994

57

110

(1)

(o)

Newly added

 the placement of audio-visual or radio or tape recorder type of devices in public vehicles;

Act 54 of 1994, sec. 32

14-11-1994

58

110

(1)

(p)

Newly added

warranty after sale of vehicle and norms therefor:

Act 54 of 1994, sec. 32

14-11-1994

59

111

(2)

(d)

the periodical testing and inspection of vehicles by prescribed authorities;

the periodical testing and inspection of vehicles by prescribed authorities and fees to be charged for such test;

Act 54 of 1994 sec. 33

14-11-1994

60

111

(2)

(g)

the placement of audio-visual or radio or tape recorder type of devices in the vehicle.

Omitted.

Act 54 of 1994 sec. 33

14-11-1994

61

113

(1)

-

The State Government may prescribe the conditions for the issue of permits for heavy goods vehicles or heavy passenger motor vehicles by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.

The State Government may prescribe the conditions for the issue of permits for transport vehicles by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.

Act 54 of 1994, sec. 34

14-11-1994

62

114

(1)

-

Any person authorized in this behalf by the State Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113, require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometers from any point on the forward route or within a distance of twenty kilometers from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to  remove the vehicle  or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply  with such directions.

Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113, require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometers from any point on the forward route or within a distance of twenty kilometers from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions.

Act 54 of 1994, sec. 35

14-11-1994

63

116

(7)

-

For the purpose of bringing the signs set forth in the Schedule in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification, the Schedule shall be deemed to be amended accordingly.

For the purpose of bringing the signs set forth in the First Schedule in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification, the First Schedule shall be deemed to be amended accordingly.

Act 54 of 1994, sec. 36

14-11-1994

64

127

(1)

-

Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more, its removal by a towing service may be authorized by a police officer having jurisdiction.

Where any motor vehicle is abandoned or left unattended on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilization by any means including wheel clamping may be authorized by a police officer in uniform having jurisdiction.

Act 54 of 1994, sec. 37

14-11-1994

65

127

(2)

-

Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway, or its physical appearance is causing the impediment to the traffic, its immediate removal from the highway by a towing service may be authorized by a police officer having jurisdiction.

Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the public place, or its physical appearance is causing the impediment to the traffic, its immediate removal from the public place by a towing service may be authorized by a police officer having jurisdiction.

Act 54 of 1994, sec. 37

14-11-1994

66

129

-

-

Every person, driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear a protective headgear of such description as may be specified by the State Government by rules made by it in this behalf, and different descriptions of headgears may be specified in such rules in relation to different circumstances or different class or description of motor cycles:
Provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban:
Provided further that the State Government may, by such rules, provide for such exceptions as it may think fit.
Explanation. – “Protective headgear” means a helmet which, –
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding o a motor cycle a degree of protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.

Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear protective headgear conforming to the standards of Bureau of Indian Standards:
Provided that the provisions of this sections shall not apply to a person, who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban:
Provided further that the State Government may, by such rules, provide for such exceptions as it may think fit.
Explanation – “Protective headgear” means a helmet which, -
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.

Act 54 of 1994, sec. 38

14-11-1994

67

130

(2)

-

The conductor, if any, of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination.

The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorized in this behalf, produce the licence for examination.

Act 54 of 1994, sec. 39

14-11-1994

68

130

(3)

-

The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall on demand by a registering authority or any person authorized, in this behalf by the State Government produce the certificate of registration and the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit.
Explanation. – For the purposes of this sub-section, “certificate of insurance” means the certificate issued under sub-section (3) of section 147.

The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles  Department duly authorized in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it.
Explanation – For the purpose of this sub-section, “certificate of insurance” means the certificate issued under sub-section (3) of section 147.

Act 54 of 1994, sec. 39

14-11-1994

69

132

(1)

-

The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may reasonably be necessary-

The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may for such reasonabe time as may be necessary, but not exceeding twenty-four hours,-

Act 54 of 1994, sec. 40

14-11-1994

70

132

(1)

(a)

when required to do so by any police officer in uniform, or

when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or

Act 54 of 1994, sec. 40

14-11-1994

71

132

(1)

(c)

When the vehicle is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle was or was not the cause of the accident or damage,
and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address.

Omitted

Act 54 of 1994, sec. 40

14-11-1994

72

134

-

(a)

unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, and, if necessary, convey him to the nearest hospital, unless the injured person or his guardian, in case he is a minor, desires otherwise;

unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desires otherwise;

Act 54 of 1994, sec. 41.

14-11-1994

73

134

(c)

Newly added

give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely :-
(i) insurance policy number and period of its validity;
(ii) date, time and place of accident;
(iii) particulars of the persons injured or killed in the accident;
(iv) name of the driver and the particulars of his driving licence.
Explanation. – For the purposes of this section the expression “driver” includes the owner of the vehicle.

Act 54 of 1994, sec. 41

14-11-1994

74

136

-

-

When any accident occurs in which a motor vehicle is involved, any person authorized in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:

Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned without unnecessary delay.

When any accident occurs in which a motor vehicle is involved, any person authorized in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:

Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours.

Act 54 of 1994, sec. 42

14-11-1994

75

140

(2)

-

The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of twenty-five thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of twelve thousand rupees.

The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of fifty thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of twenty five thousand rupees.

Act 54 of 1994, sec. 43

14-11-1994

76

140

(5)

-

Newly added

Notwithstanding anything contained in sub-section (2) regarding death of bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force:
Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163A.

Act 54 of 1994, sec. 43

14-11-1994

77

141

(1)

-

The right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to any other right (hereafter in this section referred to as the right on the principle of fault) to claim compensation  in respect thereof under any other provision of the Act or of any other law for the  time being in force.

The right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to any other right, except the right to claim under the scheme referred to in section 163A (such other right hereafter in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other provision of this Act or of any other law for the time being in force.

Act 54 of 1994, sec. 44

14-11-1994

78

146

(1)

-

No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter.
Explanation. - A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force.

No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter.

Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991).

Explanation. – A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force.

Act 54 of 1994, sec. 45

14-11-1994

79

147

(1)

(b)

(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place;

against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorized representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place;

Act 54 of 1994, sec. 46

14-11-1994

80

149

(1)

-

If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) is obtained against any person insured by the policy then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments.

If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 163A is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments.

 Act 54 of 1994, sec. 47

14-11-1994

81

157

(1)

-

Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.

Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.
Explanation. – For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance.

Act 54 of 1994, sec. 48

14-11-1994

82

158

(6)

-

As soon as any information regarding any accident involving death or bodily injury to any person is recorded or a report under this section is completed by a police officer, the officer in charge of the police station shall forward a copy of the same also to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer.

As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer.

Act 54 of 1994, sec. 49

14-11-1994

83

161

(3)

(a)

in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of eight thousand and five hundred rupees;

in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of twenty-five thousand rupees;

Act 54 of 1994, sec. 50

14-11-1994

84

161

(3)

(b)

in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of two thousand rupees.

in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of twelve thousand and five hundred rupees.

Act 54 of 1994, sec. 50

14-11-1994

85

163A

(1)

-

Newly added

Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be.

Explanation. – For the purposes of this sub-section, “permanent disability” shall have the same meaning and extent as in the Workmen’s Compensation Act, 1923 (8 of 1923).

Act 54 of 1994, sec. 51

14-11-1994

86

163A

(2)

-

Newly added

 In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person.

Act 54 of 1994, sec. 51

14-11-1994

87

163A

(3)

-

Newly added

 The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule.

Act 54 of 1994, sec. 51

14-11-1994

88

165

(1)

-

A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the sue of motor vehicles, or damages to any property of a third party so arising, or both.
Explanation. – For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140.

 A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunals) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.
Explanation. – For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140 and section 163A.

Act 54 of 1994, sec. 52

14-11-1994

89

165

(3)

(c)

is qualified for appointment as a Judge of a High Court.

is qualified for appointment as a High Court Judge or as a District Judge.

Act 54 of 1994, sec. 52

14-11-1994

90

166

(2)

-

Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed:

Provided that where any claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.

Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:
Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.

Act 54 of 194, sec. 53

14-11-1994

91

166

(3)

-

No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:
Provided that the Claims Tribunal may entertain the application after expiry of the said period of six months but not later than twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

Omitted

Act 53 of 1994, sec. 53

14-11-1994

92

166

(4)

-

Where a police officer has filed a copy of the report regarding an accident to a Claims Tribunal under this Act, the Claims Tribunal may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act.

The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this Act.

Act 54 of 1994, sec. 53

14-11-1994

93

182A

-

-

Newly added.

Punishment for offences relating to construction and maintenance of vehicle. - Any person who contravenes the provisions of sub-section (3) of section 109, shall be punishable with a fine of five thousand rupees for any subsequent offences.

Act 54 of 1994, sec. 54

14-11-1994

94

185

(a)

-

has, in his blood, alcohol in any quantity, howsoever small the quantity may be, or

has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyzer, or

Act 54 of 1994, sec. 55

14-11-1994

95

192

(1)

-

Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle, shall be punishable for the first offence with fine which may extend to two thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months or with fine which may extend to three thousand rupees, or with both.

Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both:

Provided that the court may, for reasons to be recorded, impose a lesser punishment.

Act 54 of 1994, sec. 56

14-11-1994

96

194

(1)

-

Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or of the conditions prescribed under that section or in contravention of any prohibition or restriction imposed under section 113 or section 115 shall be punishable for the first offence with fine which may extend to two thousand rupees, and for any second or subsequent offence with fine which may extend to five thousand rupees.

Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess load.

Act 54 of 1994, sec. 57

14-11-1994

97

200

(1)

-

Any offence whether committed before or after the commencement of this Act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section 183, section 184, section 186, section 189, section 191, section 192, section 194, section 196 or section 198 may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.

Any offence whether committed before or after the commencement of this Act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section 183, section 184, section 186, section 189, sub-section (2) of section 190; section 191, section 192, section 194, section 196, or section 198, may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.

Act 54 of 1994, sec. 58

14-11-1994

98

201

(1)

-

Whoever keeps a disabled vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position:

Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law.

Whoever keeps a disabled vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position:

Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law:

Provided further that where the vehicle is removed by a Government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle.

 Act 54 of 1994, sec. 59

14-11-1994

99

201

(2)

-

The penalties under this section shall be recoverable by the prescribed officers or authorities.

Penalties or towing charges under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorize.

Act 54 of 1994, sec. 59

14-11-1994

100

202

(2)

-

A police officer in uniform may arrest without warrant:-

a) any person who being required under the provisions of this Act to give his name and address refuses to do so, or gives a name or address which the police officer has reason to believe to be false, or
b)   any person concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons.

A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.

Act 54 of 1994,sec.60

14-11-1994

101

203

(1)

-

A police officer in uniform may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if the police officer has any reasonable cause to suspect him of having committed an offence punishable under section 185:

Provided that no requirement for breath test shall be made unless it is made as soon as reasonably practicable after the commission of such offence.

A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorized in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide on or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185:

Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the commission of such offence.

Act 54 of 1994, sec. 61

14-11-1994

102

217A

-

-

Newly added.


Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939. - Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in that sub-section, any certificate of fitness or registration or licence or permit issued or granted under the said enactments may be renewed under this Act.

Act 27 of 2000, sec. 5

11-8-2000