LegalCrystal – Blog

CHAPTER VI

SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

97. Definition.

In this Chapter, unless the context otherwise requires, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward.

98. Chapter to override Chapter V and other laws.

The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law.

99. Preparation and publication of proposal regarding road transport service of a State transport undertaking.

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 Objection to the proposal.

Objection to the proposal

100. (1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government.

(2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal.

(1) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route:

Provided that no such scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government.

(4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed.

Explanation.–In computing the period of one year referred to in this sub-section, any period or periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any court shall be excluded.

101. Operation of additional services by a State transport undertaking in certain circumstances.

Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings:

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3. Necessity for driving licence.

(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than a motor cab hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

4. Age limit in connection with driving of motor vehicles.

(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.

(2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place.

(3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.

5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.

Restrictions on the holding of driving licences

6. (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person.

(3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive.

7. Restrictions on the granting of learner’s licences for certain vehicles.

(1) No person shall be granted a learner’s licence –

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

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

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

(2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s licence.

Grant of learner’s licence

8. (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner’s licence.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government.

(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, the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose.

(4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner’s licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner’s licence:

Provided that a learner’s licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage.

(5) No learner’s licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government.

(6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner’s licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle:

Provided that a licensing authority may issue a learner’s licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant’s inability to apply to the appropriate licensing authority.

(7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both.

(8) Any learner’s licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.

Grant of driving licence

9. (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.

(3) 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:

Breath tests

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.

(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath for a breath test –

(a) in the case of a person who is at a hopsital as an indoor patient, at the hospital,

(b) in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station specified by the police officer:

Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.

(3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient.

(4) If a person, required by a police officer under sub-section (1) or sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient.

(5) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for a breath test there.

(6) The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence.

Explanation.–For the purposes of this section, “breath test”, means a test for the purpose of obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test.

CHAPTER IV

REGISTRATION OF MOTOR VEHICLES

39.        Necessity for registration.

No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.

40.        Registration, where to be made.

Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.

Registration, how to be made

41.        (1)        An application by or on behalf of  the owner  of a  motor vehicle for registration shall be in such form  and shall be accompanied by such documents, particulars and information and  shall be made within such period as may be prescribed by the Central Government:

Provided that  where a  motor vehicle  is jointly  owned by  more persons than  one, the  application shall  be made by one  of them on behalf of  all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.

(2)        An  application referred  to  in  sub-section  (1)  shall  be accompanied  by   such  fee  as  may  be  prescribed  by the  Central Government.

(3)        The registering authority shall issue to the owner of a motor vehicle registered by it  a certificate  of registration in such form and containing  such particulars and information and in such manner as may be prescribed by the Central Government.

(4)        In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify.

(5)        The registering authority shall enter the particulars of the certificate referred  to in  sub-section  (3)  in  a  register  to be maintained in such form and manner as may be prescribed by the Central Government.

(6)        The  registering authority  shall assign  to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark)  consisting of  one of  the groups of such of those letters and  followed by  such letters  and figures as are allotted to the State  by the Central Government from time to time by notification in the  Official Gazette, and displayed and shown on the motor vehicle in such  form and  in such  manner as may be prescribed by the Central Government.

(7)        A  certificate of  registration issued under sub-section (3), before  or after the commencement of this Act, in respect of a motor vehicle,  other than  a transport vehicle, shall, subject to the provisions contained  in this  Act, be  valid only  for  a  period  of fifteen years  from the date of issue of such certificate and shall be renewable.

(8)        An  application by  or on  behalf of  the owner  of  a  motor vehicle, other  than a transport  vehicle,  for  the  renewal of  a certificate of  registration shall  be made within such period and in such form, containing such  particulars and information as may be prescribed by the Central Government.

(9)        An application referred  to  in  sub-section  (8)  shall  be accompanied  by   such  fee  as  may  be  prescribed  by  the Central Government.

(10)       Subject to the  provisions of  section 56,  the registering authority may,  on receipt  of an  application under  sub-section (8), the  certificate of  registration for a period of five years and intimate the  fact to the original registering authority, if it is not the original registering authority.

(11)              If the owner fails to make an application under sub-section (1), or,  as the  case may be, under sub-section (8) within the period prescribed, the  registering  authority  may,  having  regard  to  the circumstances of  the case,  require the  owner to pay, in lieu of any action that  may be  taken against  him under section 177, such amount not exceeding  one hundred  rupees as  may be  prescribed  under  sub-section (13):

Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.

(12)       Where the owner has paid the amount under sub-section (11), no action shall be taken against him under section 177.

(13)       For the purposes of sub-section (11), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1) or sub-section (8).

(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.

Special provision for registration of motor vehicles of diplomatic officers, etc.

42.        (1)        Where an application for registration of a motor  vehicle is  made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, anything  contained in  sub-section (3) or sub-section (6) of  that section,  the registering  authority shall  register the vehicle in such manner and in accordance with such procedure as may be provided by  rules made in this behalf by the Central Government under sub-section (3)  and shall assign to the vehicle for display thereon a special registration  mark in accordance with the provisions contained in those  rules and  shall issue  a  certificate  (hereafter  in  this section referred  to as  the certificate  of  registration)  that  the vehicle has  been registered  under this  section; and  any vehicle so registered shall  not, so  long as  it remains  the  property  of  any diplomatic officer  or consular  officer,  require  to  be  registered otherwise under this Act.

(2)        If any vehicle registered under this section ceases to be the property  of   any  diplomatic   officer  or   consular officer,  the certificate of registration issued under this section shall also cease to be  effective, and  the provisions  of sections  39 and  40 shall thereupon apply.

(3)        The Central Government may make rules for the registration of motor vehicles  belonging to diplomatic officers and consular officers regarding the  procedure to  be followed  by the registering authority for registering  such vehicles,  the form in which the certificates of registration  of  such  vehicles  are  to  be  issued,  the  manner  in  which  such certificates of  registration are  to be  sent to  the owners  of  the vehicles and  the special  registration marks  to be  assigned to such vehicles.

(4)        For  the purposes  of this  section, “diplomatic  officer” or “consular officer”  means any  person who is recognised as such by the Central Government  and if  any question arises as to whether a person is or  is not  such an officer, the decision of the Central Government thereon shall be final.

43.        Temporary registration.

(1)        Notwithstanding anything contained in  section 40 the owner of a motor vehicle may apply to any registering authority or  other  prescribed  authority  to  have  the vehicle temporarily  registered in  the prescribed  manner and for the issue in the prescribed  manner  of  a temporary certificate of registration and a temporary registration mark.

(2)        A registration made under this section shall be valid only for a period not exceeding one month, and shall not be 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.

44.        Production of vehicle at the time of registration.

The registering authority  shall before  proceeding to  register  a  motor vehicle or renew the certificate of registration in respect of a motor vehicle, other  than a  transport vehicle, require the person applying for registration  of the  vehicle or, as the case may be, for renewing the certificate  of registration  to produce the vehicle either before itself or  such authority as the State Government may by order appoint in order  that the  registering authority  may satisfy itself that the particulars contained in the application are true and that the vehicle complies with  the requirements  of this  Act and  of the  rules  made thereunder.

45.        Refusal of registration or renewal of the certificate of registration.

The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case,  the registering  authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made there under, or  if the  applicant fails  to furnish particulars of any previous  registration of the vehicle or furnishes  inaccurate particulars in the application for registration of the vehicle or, as the case  may be,  for renewal  of  the  certificate  or  registration thereof and  the registering  authority shall  furnish  the  applicant whose vehicle  is  refused  registration,  or  whose  application  for renewal of  the certificate of registration is refused, a copy of such order, together with the reasons for such refusal.

46.        Effectiveness in India of registration.

Subject to the provisions of section 47, a motor vehicle registered in accordance with this  Chapter in  any State  shall not require to  be registered elsewhere in  India and  a certificate  of registration  issued or  in force under  this Act  in respect  of such vehicle shall be effective throughout India.

Assignment of new registration mark on removal to another State

47.        (1)        When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months,the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:

Provided that an application under this sub-section shall be accompanied –

(i)         by the no  objection certificate obtained under section 48, or

(ii)         in a case where no such certificate has been obtained, by –

(a)        the receipt  obtained  under  sub-section  (2)  of section 48; or

(b)                the postal acknowledgement received by the owner of the vehicle  if he has sent an application in this behalf by registered post  acknowledgement due to the  registering authority  referred  to  in section 48, together with a declaration that  he has not received any communication from such  authority refusing to grant  such certificate  or requiring him  to comply with any direction subject to which such certificate may be granted:

Provided further  that, in  a case  where a motor vehicle is held under a hire-purchase, lease or hypothecation   agreement, an application under this sub-section shall  be  accompanied  by  a  no objection certificate  from the person with  whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply.

(2)        The registering authority, to which application is made under sub-section (1),  shall after  making such  verification, as it thinks fit, of  the returns,  if any,  received under  section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark  upon the  certificate of registration before returning it to the  applicant  and  shall,  in  communication  with  the  registering authority by  whom the  vehicle was previously registered, arrange for the transfer  of the  registration of  the vehicle from the records of that registering authority to its own records.

(3)        Where  a motor vehicle is held under a hire-purchase or lease or hypothecation  agreement, the  registering authority shall,  after assigning the  vehicle a  registration  mark  under  sub-section  (2), the  person whose name has been specified in the certificate of registration as  the person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to such  person a notice by registered post acknowledgement due at the address of  such person entered in the certificate of registration the fact of assignment of the said registration mark).

(4)        A  State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which brought into  or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed.

(5)                If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7):

Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.

(6)        Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177.

(7)        For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1).

No objection certificate

48.        (1)        The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State  other than the State of its registration, transferor  of such vehicle when reporting the transfer under sub-section (1)  of section 50, shall make an application in such form and in such manner as  may be prescribed by the Central Government to the registering authority  by which  the vehicle  was registered for the issue of  a certificate  (hereafter in this section referred to as the no objection certificate),  to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle  or, as  the case  may be, for entering the particulars of the transfer of ownership in the certificate of registration.

(2)        The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be prescribed by the Central Government.

(3)        On  receipt of  an application  under  sub-section  (1),  the authority may, after making such inquiry and requiring the applicant to  comply with  such directions  as it deems fit and within thirty days  of the  receipt thereof, by order in writing, communicate to the  applicant that  it has  granted or  refused to  grant  the  no objection certificate:

Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant.

(4)        Where  within a  period of  thirty days  referred to  in sub-section (3), the registering authority does not refuse to grant the no objection certificate  or does  not communicate  the  refusal  to  the applicant, the  registering authority  shall be deemed to have granted the no objection certificate.

(5)        Before  granting  or  refusing  to  grant  the  no  objection certificate, the  registering  authority  shall  obtain  a  report in writing from the police that no  case relating to the theft of the motor vehicle concerned has been reported  or is  pending, verify whether all  the amounts due to Government including  road tax  in respect  of that motor vehicle have been paid  and  take  into account  such  other  factors  as  may  be prescribed by the Central Government.

49.        Change of residence or place of business.

(1)        If the owner of a motor  vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within  thirty days  of any such change of address, intimate in such form accompanied by  such documents  as may be prescribed by the Central Government,  his new  address, to the registering authority by which the  certificate of  registration was  issued, or,  if  the  new address is  within the  jurisdiction of another registering authority, that other registering  authority, and  shall  at  the  same  time forward the  certificate of  registration to the registering authority or, as the case  may be,  to the other registering authority in order that the new address may be entered therein.

(2)        If the owner  of a  motor vehicle  fails to intimate his new address to  the concerned  registering  authority  within  the period specified in  sub-section (1),  the registering  authority may, having regard to  the circumstances of the case, require the owner to pay, in lieu of  any action  that may  be taken  against him under section 177 such amount  not exceeding  one hundred  rupees as may be  prescribed under sub-section (4):

Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount.

(3)        Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177.

(4)        For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address.

(5)        On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration.

(6)        A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority.

(7)        Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.

50.        Transfer of ownership.

(1)        Where the ownership of any motor vehicle registered under this Chapter is transferred –

(a)        the transferor shall –

(i)         in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer,  in such  form with  such documents and in such manner, as may be prescribed by  the Central Government to the registering  authority  within  whose  jurisdiction  the transfer is to be effected and shall simultaneously  send a  copy of the said report to the transferee; and

(ii)         in  the case  of a  vehicle registered outside the State, within  forty-five days  of the  transfer, forward to the registering authority referred to in sub-clause (i) –

(A)        the no objection certificate obtained under section 48; or

(B)        in  a case  where no such certificate has been obtained –

(I)         the receipt obtained  under  sub-section (2) of section 48; or

(II)        the  postal acknowledgement  received by the transferred  if he  has sent an application in this behalf by registered post acknowledgement due to  the   registering  authority  referred  to  in section 48,  together with  a declaration  that he has  not  received  any  communication  from  such authority refusing  to grant  such certificate  or requiring him to comply with any direction subject to which such certificate may be granted;

(b)        the   transferee  shall,  within  thirty  days  of  the transfer, report the transfer to the registering authority within whose jurisdiction  he has  the residence  or place  of  business where the vehicle is normally kept, as the case may be, and shall forward the  certificate  of  registration  to  that  registering authority together  with the  prescribed fee  and a  copy of  the report received  by  him  from  the  transferor  in  order  that particulars of  the transfer  of ownership  may be entered in the certificate of registration.

(2)        Where –

(a)        the person  in  whose  name  a  motor  vehicle stands registered dies, or

(b)        a motor vehicle  has been  purchased or  acquired at  a public auction  conducted by,  or on  behalf of, Government, the person succeeding  to the  possession of  the vehicle  or, as the case may  be, who  has purchased  or acquired the motor vehicle, make  an application  for the  purpose of  transferring the ownership  of  the  vehicle  in  his  name,  to  the registering authority in  whose jurisdiction he has the residence or place of business where  the vehicle is normally kept, as the case may be, such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government.

(1)                If  the transferor  or the  transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter  in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5):

Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.

(4)        Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.

(5)        For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2).

(6)        On receipt of a report  under  sub-section  (1),  or  an application under sub-section (2), the registering authority may cause the transfer  of  ownership  to  be  entered  in  the  certificate  of registration.

(7)        A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority.

Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.

Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.

51.        (1)        Where an application for registration of a motor vehicle  which  is  held  under  a  hire-purchase,  lease  or hypothecation agreement  (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement.

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

(3)        Any entry made under sub-section (1) or sub-section (2), may be cancelled  by the  original registering  authority on proof of the termination of  the said  agreement by  the parties  concerned  on  an application being  made in  such form  as the Central Government  may prescribe.

(4)        No entry regarding  the transfer  of ownership of any motor vehicle which  is held  under the  said agreement shall be made in the certificate of  registration except  with the  written consent  of the person  whose   name  has   been  specified   in  the certificate  of registration as  the person with whom the registered owner has entered into the said agreement.

(5)                Where the person  whose  name  has  been  specified  in  the certificate of  registration as  the person  with whom  the registered owner has  entered into  the said agreement, satisfies the registering authority that  he has  taken possession  of the  vehicle owing to the default of  the registered  owner under  the provisions of the said agreement and  that  the  registered  owner  refuses  to  deliver  the certificate of  registration or  has absconded,  such authority  may, after  giving  the  registered  owner  an  opportunity  to  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 into 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.

(6)        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, 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).

Explanation.–For the  purposes  of  this  sub-section  and  sub-sections (8)  and (9),  ”appropriate authority”  in relation  to  any permit means  the authority  which is  authorised by this Act to renew such permit  and, in  relation to  registration, means  the  authority which is  authorised by  this Act  to issue  duplicate certificate  of registration or to assign a new registration mark.

(7)        Within seven days of the receipt of an application under sub-section (6),  the financier  may issue,  or refuse  for reasons  which shall be  recorded in  writing and  communicated to  the applicant, to issue, the  certificate applied  for and  where the financier fails to issue the  certificate and  also fails  to communicate the reasons for refusal to  issue the  certificate to  the applicant within the  said period of  seven days,  the certificate applied for shall be deemed to have been issued by the financier.

(8)        The registered owner shall, while applying to the appropriate authority for  the renewal  of any permit under section 81, or for the issue of  a duplicate  certificate of  registration under  sub-section (14) of  section 41,  or  while  applying  for assignment  of  a  new registration mark  under section  47, submit with such application the certificate if  any obtained  under sub-section  (7) or, where no such certificate has  been obtained,  the communication  received from  the financier under that sub-section, or, as the case may be a declaration that he  has not  received any communication from the financier within the period of seven days specified in that sub-section.

(9)        On receipt of an application for the renewal of any permit or for the issue  of  duplicate  certificate  of  registration  or for assignment of a new registration mark in respect of a vehicle which is held under  the said  agreement the appropriate authority may, subject to the other provisions of this Act –

(a)        in a case  where the financier has refused to issue the certificate  applied for, after giving the applicant an opportunity of being heard, either –

(i)         renew or refuse to renew the permit,

(ii)         issue or refuse to issue the duplicate certificate of registration, or

(iii)        assign  or refuse  to assign  a new  registration mark;

(b)        in any other case –

(i)         renew the permit, or

(ii)         issue duplicate certificate of registration, or

(iii)        assign a new registration mark.

(10)       A registering authority making an entry in the certificate of registration regarding –

(a)        hire-purchase, lease or hypothecation agreement of a motor vehicle, or

(b)        the cancellation under sub-section (3) of an entry, or

(c)        recording transfer of ownership of motor vehicle, or

(d)        any alteration in a motor vehicle, or

(e)        suspension or cancellation  of registration  of a motor vehicle, or

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

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

Alteration in motor vehicle

52.        (1)        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 –

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

(b)        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.

(2)        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.

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

(4)        Where  any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have been given  under sub-section,  (2) or by reason of replacement of its engine without  such approval  under sub-section (3), the owner of the vehicle shall,  within fourteen  days of the making of the alteration, 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.

(5)        A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority

53.        Suspension of registration.

(1)        If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction –

(a)        is  in such  a condition  that its use in a public place would constitute  a danger  to the  public, or  that it  fails to comply with  the requirements  of this  Act or  of the rules made thereunder, or

(b)        has been, or is being, used for hire or reward without a valid permit  for being  used as  such, the  authority may, after giving the owner an  opportunity of making any representation he may wish  to make (by sending to the owner a notice by registered post  acknowledgement   due  at   his  address   entered  in  the certificate of  registration), for  reasons  to  be  recorded in writing, suspend the certificate of registration of the vehicle –

(i)         in any case falling under clause (a), until the defects are rectified to its satisfaction; and

(ii)         in any case falling under clause (b), for a period not exceeding four months.

(2)        An  authority other  than a registering authority shall, when making a  suspension order  under sub-section (1), intimate in writing the  fact of  such  suspension  and  the  reasons  therefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.

(3)        Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension.

(4)        The  owner of  a motor  vehicle shall,  on the  demand  of  a registering  authority or other prescribed  authority which has suspended the certificate of  registration of  the vehicle under this section, surrender the certificate of registration.

(5)        A certificate of  registration surrendered under sub-section (4) shall  be  returned  to  the  owner  when  the  order suspending registration has been rescinded and not before.

54.        Cancellation of registration suspended under section 53.

Where the suspension of registration of a vehicle under section 53 has continued without  interruption for  a period  of not less  than  six months,  the  registering  authority  within  whose  jurisdiction  the vehicle was  when the  registration was  suspended, may,  if it is the original registering  authority, cancel the registration, and if it is not the  original registering authority, shall forward the certificate of registration to that authority which may cancel the registration.

55.        Cancellation of registration.

(1)        If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days  or as soon as may be, report the fact to the  registering  authority  within  whose jurisdiction he has  the residence or place of business where the vehicle is normally kept, as the case  may be,  and shall forward to that authority the certificate of registration of the vehicle.

(2)        The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or,  if it  is not,  shall forward  the report  and  the certificate of  registration to the original registering authority and that authority shall cancel the registration.

(3)        Any registering authority may order the examination of a motor vehicle within its  jurisdiction by such authority as the State Government may  be order  appoint and,  if, upon  such examination and after giving  the owner  an opportunity  to make any representation he may wish  to make (by sending to the owner a notice by registered post acknowledgement due  at his  address entered  in  the  certificate  of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a  danger to  the public  and that  it is beyond reasonable repair, may cancel the registration.

(4)        If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.

(5)        If a registering authority is satisfied that the registration of a motor vehicle  has been obtained on the basis of documents which were, or  by representation  of facts which was, false in any material particular, or  the engine  number  or  the chassis  number  embossed thereon are  different from  such number entered in the certificate of registration, the  registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner  a notice by registered post acknowledgement due at his  address entered  in the  certificate of registration), and for reasons to be recorded in writing cancel the registration.

(6)        A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle.

(7)        A registering authority making an order of cancellation under section 54 or under this  section  shall,  if it is the original registering authority,  cancel the certificate of registration and the entry relating  to the  vehicle in  its records, and, if it is not the original registering  authority,  forward  the certificate of registration to that authority,  and that  authority shall cancel the certificate of registration and  the  entry relating to the  motor vehicle in its records.

(8)        The expression  ”original  registering  authority”  in  this section and  in sections  41, 49,  50, 51,  52, 53  and 54 means  the registering authority in whose records the registration of the vehicle is recorded.

(9)        In this section, “certificate of registration” includes a certificate of registration renewed under the provisions of this Act.

Certificate of fitness of transport vehicles

56.        (1)        Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued  by the prescribed authority,  or by an authorized testing station  mentioned in  sub-section (2), to the effect that the vehicle complies  for the time being with all the requirements of this Act and the rules made thereunder:

Provided that where the prescribed authority or the authorized testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

(2)        The “authorized testing station” referred to in sub-section (1) means a vehicle service station or public or private garage which the State Government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the Central Government for regulation and control of such stations or garages.

(3)        Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act.

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

(5)        A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India.

57.        Appeals.

(1)        Any  owner of  a motor  vehicle aggrieved by an order of  refusal under  section 45  to register a motor vehicle or to renew to  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.

(2)        The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit.

58.        Special provisions in regard to transport vehicles.

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

(2)        A registering authority, when registering a transport vehicle,  other  than  a  motorcab, shall enter in the record of registration and  shall also  enter in the certificate of registration of the vehicle the following particulars, namely:-

(a)        the unladen weight of the vehicle;

(b)        the number, nature  and size  of the  tyres attached to each wheel;

(c)        the  gross  vehicle  weight  of  the  vehicle  and  the registered axle  weights pertaining to the several axles thereof; and

(d)        if the vehicle  is used  or adapted  to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom  accommodation is provided, and the owner of the vehicle shall  have the same particulars exhibited in the prescribed manner on the vehicle.

(3)        There shall not be entered in the certificate of registration of any such vehicle  any gross  vehicle weight or a registered axle weight of any of the axles  different from  that  specified  in  the notification under  sub-section (1)  in relation to the make and model of such  vehicle and  to the  number, nature  and size  of  the  tyres attached to its wheels:

Provided that where it appears to  the Central  Government that heavier weights  than those  specified in  the notification under sub-section (1)  may be permitted in a particular locality for vehicles of a particular  type, the  Central  Government may,  by  order  in  the Official Gazette  direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order.

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

(5)        In  order that  the  gross  vehicle  weight  entered  in  the certificate of  registration of a vehicle may be revised in accordance with the  provisions of sub-section (3), the registering authority may require the  owner  of  transport  vehicle  in accordance  with  such procedure  as   may  be  prescribed  to  produce  the  certificate  of registration within  such time  as may be specified by the registering authority.

59.        Power to fix the age limit of motor vehicle.

(1)        The Central Government may,  having regard  to the  public safety, convenience and objects of  this Act,  by notification in the Offical Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the  expiry of which the  motor vehicle  shall not be deemed to comply  with   the  requirements  of  this  Act  and  the  rules  made thereunder:

Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.

(2)        Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the  purpose of  a  motor vehicle, such  as, display  or use for the purposes of a demonstration in any  exhibition, use  for the purposes of technical  research or taking part in a vintage car rally, by notification in the Official Gazette, exempt,  by a  general or  special  order, subject  to  such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification.

(3)        Notwithstanding   anything  contained   in  section  56,  no prescribed authority  or authorized  testing  station  shall grant a certificate of  fitness to  a motor  vehicle in  contravention of  the provisions of any notification issued under sub-section (1).

Registration of vehicles belonging to the Central Government

60.        (1)        Such authority as  the Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property  or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of  the country and unconnected with any commercial enterprise and any  vehicle so  registered shall  not, so  long as it remains the property or  under the  exclusive control  of the  Central Government, require to be registered otherwise under this Act.

(2)        The authority registering  a vehicle  under sub-section  (1) shall assign  a registration  mark in  accordance with  the provisions contained in  the rules  made in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect that  such   vehicle  complies   for  the  time  being  with  all  the requirements of  this Act  and the  rules made thereunder and that the vehicle has been registered under this section.

(3)        A vehicle registered under this section shall carry the certificate issued under sub-section (2).

(4)        If a vehicle registered under this section ceases to be the property or under the exclusive control of the Central Government, the provisions of sections 39 and 40 shall thereupon apply.

(5)        The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the State Government may at any time require.

61.        Application of Chapter to trailers.

(1)        The provisions of this Chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle.

(2)        The registration  mark  assigned  to  a  trailer  shall  be displayed in such manner on the side of the drawing vehicle, as may be prescribed by the Central Government.

(3)        No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the  registration mark  of the motor vehicle so  driven is  displayed on the trailer or on the last trailer in the  train, as the case may be, in such manner as may be prescribed by the Central Government.

62.        Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority.

The State Government may,  if it  thinks necessary  or expedient so to do in the public interest,  direct the  submission by  the Inspector  General of Police (by whatever designation called) and such other police officers as the  State Government  may specify  in this behalf, of such returns containing the  information regarding  vehicles which have been stolen and stolen  vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made.

63.        Maintenance of State Registers of Motor Vehicles.

(1)        Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicle,  in respect  of  the  motor  vehicles  in  that  State, containing the following particulars, namely:-

(a)        registration numbers;

(b)        years of manufacture;

(c)        classes and types;

(d)        names and addresses of registered owners; and

(e)        such other particulars  as may  be  prescribed  by  the Central Government.

(2)        Each State Government shall supply to the Central Government 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.

(1)                The State Register of Motor Vehicles shall be maintained in such manner as may be prescribed by the State Government.

Power of Central Government to make rules

64.        The Central Government may make rules to provide for all or any of the following matters, namely:-

(a)        the period within which  and  the  form  in which an application shall be made  and the documents, particulars  and information it shall accompany  under sub-section (1) of section 41;

(b)        the form in which the certificate of registration shall be made  and the particulars and information it shall contain and the manner  in which  it shall be issued under sub-section (3) of section 41;

(c)        the form and manner in which the particulars of the certificate of  registration shall  be entered  in the records of the registering authority under sub-section (5) of section 41;

(d)        the   manner  in  which  and  the  form  in  which  the registration mark,  the letters and figures and other particulars referred to  in sub-section  (6) of section 41 shall be displayed and shown;

(e)        the  period within  which and  the  form  in  which  the application shall  be made and the particulars and information it shall contain under sub-section (8) of section 41;

(f)         the form in which the application referred to in sub-section (14) of section  41 shall be made, the particulars and information it shall contain and the fee to be charged;

(g)        the   form  in   which  the  period  within  which  the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain;

(h)        the   form  in  which  and  the  manner  in  which  the application for  ”No Objection  Certificate” shall  be made under sub-section (1)  of section  48 and  the form  of receipt  to  be issued under sub-section (2) of section 48;

(i)         the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48;

(j)         the  form in  which the  intimation of change of address shall be  made under  sub-section  (1)  of  section  49  and the documents to be submitted along with the application;

(k)        the form in which and the manner in which the intimation of transfer  of ownership  shall be made under sub-section (1) of section 50  or under  sub-section  (2)  of  section  50  and  the document to be submitted along with the application;

(l)         the form in which the application under sub-section (2) sub-section (3) of section 51 shall be made;

(m)       the form in  which the  certificate of fitness shall be issued under  sub-section (1)  of section  56 and the particulars and information it shall contain;

(n)        the period for which the certificate of fitness granted or renewed under section 56 shall be effective;

(o)        the fees to  be charged  for the  issue or  renewal or alteration of  certificates of  registration, for making an entry regarding transfer of ownership on a certificate of registration, making  or cancelling  an endorsement in respect of agreement      of hire-purchase  or lease  or hypothecation  on a certificate of registration, for certificates of fitness for registration marks, for  the examination or inspection of motor vehicles, and the refund of such fees.

(p)        any other matter  which is to be, or may be, prescribed by the Central Government.

Power of State Government to make rules

65.        (1)        A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64.

(2)        Without prejudice to the generality of the foregoing power, such rules may provide for –

(a)        the conduct and hearing of appeals that may be preferred under this  Chapter (the  fees to  be paid  in respect  of  such appeals and the refund of such fees);

(b)        the appointment,  functions and jurisdiction of registering and other prescribed authorities;

(c)        the   exemption  of  road-rollers,  graders  and  other vehicles designed  and used  solely for  the construction, repair and cleaning  of roads  from all or any of the provisions of this Chapter  and   the  rules  made  thereunder  and  the  conditions governing such exemption;

(d)        the issue or renewal of certificates of registration and fitness and  duplicates  of  such  certificates  to  replace  the certificates lost, destroyed or mutilated;

(e)        the production of certificates of registration before the registering  authority for the revision of entries therein of particulars relating to the gross vehicle weight;

(f)         the temporary registration  of motor  vehicles, and the issue of temporary certificate of registration and marks;

(g)        the manner in which the particulars referred to in sub-section (2)  of section 58 and other prescribed particulars shall be exhibited;

(h)        the exemption of  prescribed  persons  or  prescribed  classes of persons from payment of all or any portion of the fees payable under this Chapter;

(i)         the forms, other than those prescribed by the Central Government, to be used for the purpose of this Chapter;

(j)         the communication between registering authorities of particulars of  certificates of  registration and  by owners  of vehicles registered  outside the  State of  particulars  of  such vehicles and of their registration;

(k)        the amount or amounts under sub-section (13) of section 41 of sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) of section 50;

(l)         the extension of the validity of certificates of fitness pending consideration of applications for their renewal;

(m)       the exemption from the provisions of this Chapter, and the conditions  and fees  for exemption, of motor vehicles in the possession of dealers;

(n)        the form in which and the period within which the return under section 62 shall be sent;

(o)        the manner in which the State Register of Motor Vehicles shall be maintained under section 63;

(p)        any other matter which is to be or may be prescribed.

THE MOTOR VEHICLES ACT, 1988

NO. 59 OF 1988

[14th October, 1988.]

An Act to consolidate and amend the law relating to motor vehicles.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows –

CHAPTER I

PRELIMINARY

1.         Short title, extent and commencement

(1)        This Act may be called the Motor Vehicles Act, 1988.

(2)        It extends to the whole of India.

(3)        It  shall come  into force  on such  date1*  as  the  Central Government may,  by notification in the Official Gazette, appoint; and different dates may be appointed for different State and any reference in this  Act to  the commencement  of this Act shall, in relation to a State, be  construed as  a reference  to the coming into force of this Act in that State.

Definitions

2.         In this Act, unless the context otherwise requires –

(1)        ”area”,  in relation to any provision of this Act, means such area  as the  State Government  may, having  regard  to the requirements of  that provision,  specify by notification in the Official Gazette;

(2)        ”articulated vehicle” means a motor vehicle to which a semi trailer is attached;

(3)        ”axle  weight” means in relation to an axle of a vehicle the total  weight transmitted  by the  several wheels attached to that axle to the surface on which the vehicle rests;

(4)        ”certificate  of  registration”  means  the  certificate issued by  a competent  authority to  the  effect  that  a motor vehicle  has   been  duly   registered  in  accordance  with  the provisions of Chapter IV;

(5)        ”conductor”,  in relation  to a  stage carriage, means a person engaged  in collecting  fares from  passengers,regulating their entrance  into,  or  exit  from,  the  stage  carriage  and performing such other functions as may be prescribed;

(6)        ”conductor’s  licence” means  the licence  issued  by  a competent authority  under Chapter  III  authorising  the person specified therein to act as a conductor;

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1.   1. 1-7-1989, vide Notification No. S.O. 368(E), dated 22-5-1989, Gazette of India, Extra ordinary, 1989, Pt. II; Sec. 3(ii).

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(7)       ”contract  carriage” means  a motor  vehicle which  carries a  passenger or passenger or passengers for hire or reward and is engaged under a  contract, whether  expressed or  implied, for the use of such vehicle as  a whole  for the carriage of passengers mentioned therein and entered  into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum –

(a)        on a time  basis, whether  or not with reference to any route or distance; or

(b)        from one point  to another, and in either case, without stopping to  pick up  or set  down passengers not included in the contract anywhere during the journey, and includes –

(i)         a maxi cab; and

(ii)       a motor cab  notwithstanding that  separate fares  are charged for its passengers;

(8)        ”Dealer” includes a person who is engaged –

(a)        in the manufacture of motor vehicles; or

(b)        in building bodies for attachment to chassis; or

(c)        in the repair of motor vehicles; or

(d)        In the business  of  hypothecation,  leasing  or  hire-purchase of motor vehicle;

(9)        ”Driver” includes, in relation to a motor vehicle which is drawn by  another motor vehicle, the person who acts as a steersman of the drawn vehicle;

(10)      ”driving  licence” means  the licence  issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;

(11)      ”educational  institution bus”  means an  omnibus, which  is owned by  a college,  school or other educational institution and used solely for  the purpose  of transporting  students  or  staff  of  the educational institution in connection with any of its activities;

(12)      ”fares”  includes sums  payable for  a season  ticket or  in respect of the hire of a contract carriage;

(13)      ”goods”  includes  live-stock,  and  anything  (other  than equipment ordinarily  used with  the vehicle)  carried  by  a vehicle except living  persons, but  does  not  include  luggage  or  personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;

(14)       ”goods  carriage” means  any motor  vehicle  constructed  or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;

———————————————————————-

1.   Omitted by Act 54 of 1994, s. 2 9w.e.f. 14-11-1994).

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(15)       ”gross vehicle weight”  means in respect of any vehicle the total weight  of the  vehicle and load certifiedand registered by the registering authority as permissible for that vehicle;

(16)       ”heavy  goods vehicle”  means any  goods carriage  the gross vehicle weight  of which,  or a  tractor or  a road-roller the unladen weight of either of which, exceeds 12,000 kilograms;

(17)       heavy  passenger motor  vehicle” means  any public  service vehicle or  private service  vehicle or educational institution bus or omnibus the  gross vehicle  weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;

(18)      ”invalid carriage” means a motor vehicle specially designed and constructed,  and not  merely, adapted,  for the use of  a person suffering from  some physical defect or disability, and used solely by or for such a person;

(19)      ”learner’s licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as  a learner,  a motor  vehicle  or  a  motor  vehicle  of  any specified class or description;

(20)      ”licensing authority” means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III;

(21)      ”light  motor vehicle”  means a transport vehicle or 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 7,500 kilograms;

(22)      ”maxicab”  means any motor vehicle constructed or adapted to carry more  than six  passengers, but not more than twelve passengers, excluding the driver, for hire or reward;

(23)      ”medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle;

(24)      ”medium  passenger motor  vehicle” means  any public service vehicle or  private service  vehicle, or  educational institution  bus other than  a motor  cycle, invalid  carriage, light  motor vehicle or heavy passenger motor vehicle;

(25)      ”motorcab” means any motor vehicle constructed or adapted to carry not  more than  six passengers excluding the driver for hire or reward;

(26)      ”motor  car” means  any motor vehicle other than a transport vehicle,  omnibus,   road-roller,  tractor,  motor  cycle or  invalid carriage;

(27)      ”motor  cycle” means  a two-wheeled motor vehicle, inclusive of any  detachable side-car  having an  extra wheel,  attached to  the motor vehicle;

(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 centimetres;

(29)      ”omnibus”  means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;

(30)      ”owner”  means a person in whose name a motor vehicle stands registered, and  where such  person is  a minor,  the guardian of such minor, and  in relation  to a  motor vehicle which is the subject of a hire-purchase, agreement,  or an agreement of lease or an agreement of hypothecation, the  person in  possession of  the vehicle  under  that agreement;

(31)       ”permit”  means a  permit issued  by  a  State  or  Regional Transport Authority  or an  authority prescribed  in this behalf under this Act  authorising the  use of  a  motor  vehicle  as  a  transport vehicle;

(32)       ”prescribed” means prescribed by rules made under this Act;

(33)      ”private  service vehicle” means a motor vehicle constructed or adapted  to carry  more than  six persons excluding the driver and ordinarily used  by or  on behalf of the owner of such vehicle for the purpose of  carrying persons  for, or in connection with, his trade or business otherwise  than for  hire or  reward but  does not  include a  motor vehicle used for public purposes;

(34)      ”public place” means  a road,  street, way  or other place, whether a  thoroughfare or  not, to  which the  public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;

(35)       ”public  service vehicle”  means any  motor vehicle  used or adapted to  be used for the carriage of passengers for hire or reward, includes  a maxicab,  a motor cab,  contract  carriage,  and  stage carriage;

(36)       ”registered axle weight” means in respect of the axle of any vehicle, the  axle weight  certified and registered by the registering authority as permissible for that axle;

(37)       ”registering authority” means  an  authority  empowered  to register motor vehicles under Chapter IV;

(38)       ”route”  means a  line of travel which specifies the highway which may  be traversed  by a  motor vehicle  between one terminus and another;

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

(40)      ”stage carriage”  means  a  motor  vehicle  constructed  or adapted to  carry more  than six  passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, for the whole journey or for stages of the journey;

(41)      ”State  Government” in  relation to  a Union territory means the  Administrator   thereof  appointed   under  article 239  of  the Constitution;

(42)      ”State   transport undertaking” means any 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  Corporations 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 purposes of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

(43)       ”tourist  vehicle” means  a contract carriage constructed or adapted  and   equipped and maintained in accordance with  such specifications as may be prescribed in this behalf;

(44)       ”tractor”  means  a  motor  vehicle  which  is  not  itself constructed to  carry any  load (other  than equipment  used for  the purpose of propulsion); but excludes a road-roller;

(45)       ”traffic  signs” includes  all signals,  warning sign posts, direction posts,  markings on  the  road  or  other  devices for  the information, guidance or direction of drivers of motor vehicles;

(46)       ”trailer” means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle;

(47)       ”transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;

(48)       ”unladen weight” means  the weight  of a vehicle or trailer including all  equipment ordinarily  used with  the vehicle or trailer when working,  but excluding  the weight of a driver or attendant; and where alternative  parts or  bodies are used the unladen weight of the vehicle means  the weight  of  the  vehicle  with  the  heaviest  such alternative part or body;

(49)       ”weight”  means the  total weight  transmitted for  the time being by  the wheels  of a vehicle to the surface on which the vehicle rests,