|THE PUNJAB WHEELED VEHICLES (LIGHTS) ACT, 1976|
THE PUNJAB WHEELED VEHICLES (LIGHTS) ACT, 1976
[Act No. 37 of 1976]
[October 22, 1898]
An Act to require certain wheeled vehicles to carry lights and reflectors during night.
Be it enacted by the Legislature of the State of Punjab in the Twenty-seventh Year of the Republic of India as follows :-
Section 1 - Short title
This Act may be called the Punjab Wheeled Vehicles (Lights) Act, 1976.
Statement of Objects and Reasons.-- The poor visibility of bullock carts, other slow-moving cattle-driven vehicles and other wheeled vehicles (other than automobile vehicles, which are governed by Motor Vehicles Act/Rules) has often been responsible for a large number of accidents at night. To reduce the incidence of traffic accidents during the night, it has become necessary to frame a law so that the owners/drivers of these vehicles can be compelled to provide lights on their vehicles during the night hours.
Section 2 - Definitions
In this Act, unless the context otherwise requires, -
(a) 'wheeled vehicle" means -
(i) a wheeled vehicle drawn by animals and used for the purpose of conveyance of persons or carriage, of goods; and
(ii) a bicycle or a cycle rickshaw propelled or pulled by a human being without the aid of mechanical power;
(b) "prescribed" means prescribed by rules made under this Act;
(c) "State Government" means the Government of the State of Punjab.
(d) section must prevail: but otherwise reference must be made to general concept of the object.1 When a word is capable of being construed either in its popular sense or as a word of art it is for those who assert that it is used in a technical and not in a popular sense to establish the fact.2
Section 3 - Wheeled vehicles to carry lights
Every wheeled vehicle while on road during the prescribed hours shall carry lights or reflectors, or such lights and reflectors, of such size and description, fitted in such manner and visible from such distance, as may be prescribed.
Section 4 - Offence
Whoever contravenes the provisions of this Act or any rule made there under shall be punishable with the fine which may extend to two hundred and fifty rupees.
Section 5 - Jurisdiction of Court and procedure
(1) No Court
other than the Court of an Executive Magistrate specially empowered by the State Government in this behalf, shall try an offence punishable under this Act.
(2) All offences under this Act shall be investigated, enquired into, tried and otherwise dealt with in accordance with the provisions of the Code of Criminal Procedure, 1973, and all references to a Magistrate therein shall be construed as references to an Executive Magistrate referred to in sub-section (1).
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Executive Magistrate empowered under sub-section (1) may, if he thinks fit, try summarily any offence under this Act in accordance with the procedure laid down in Chapter XXI of the Code of Criminal Procedure, 1973.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Executive Magistrate empowered under sub-section (1) shall state upon summons to be served on the accused person that he -
(a) may appear in person or through a legal practitioner;
(b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify.
(5) Where an accused person pleads guilty and remits the sum specified under clause (b) of sub-section (4), no further proceedings in respect of the offence shall be taken against him.
Section 6 - Power to make rules
(1) The State Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -
(a) the hours during which light shall be carried by the wheeled vehicles;
(b) the lights or reflectors, or the lights and reflectors, to be carried by wheeled vehicles;
(c) size and description of lights and reflectors;
(d) the place and manner in which a light or reflector is to be fitted on a wheeled vehicle;
(e) distance from which the light or the reflected light should be visible.
(3) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive session or sessions as aforesaid, the House agrees in making any modification in the rules or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form and be of no effect as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
|Punjab State Acts|