CHAPTER XIV
MISCELLANEOUS
section 213 and section 214
section 213 and section 214
213. Appointment of motor vehicle
officers,- (1) The State Government may, for the purpose of carrying into
effect the provisions of this Act, establish a Motor Vehicle Department and
appoint as Officers thereof such persons
as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the
meaning of Indian Penal Code, 1860 ( 45
of 1860).
(3) The state Government may make
rules to regulate the discharge by officers of the Motor Vehicles Department of
their functions and in particular and without prejudice to the generality of the
foregoing power to prescribe the uniform to be worn by them, the authorities to
which they shall be subordinate, the
duties to be performed by them, the
powers (including the powers exercisable by police officers under this Act ) to be exercised by them, and the
conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of this Act, by notification in the
Official Gazette, prescribe the minimum qualifications which the said officers
or any class thereof shall posses for being appointed as such.
(5) In addition to the powers
that may be conferred on any such officer of Motor Vehicle Department under
sub-section (3), such officer as may be empowered by the State Government in
this behalf shall also have the power
to,-
(a) make such examination and
inquiry as he thinks fit in order to ascertain whether the provisions of this
Act and the rules made thereunder are being observed;
(b) with such assistance, if any, as the thinks fit, enter, inspect and
search any premises which is in the occupation of a person who, he has reason
to believe, has committed an offence under this Act or in which a motor vehicle
in respect of which such offence has been committed is kept:
Provided
that,-
(i)
Any such search without a warrant shall be made
only by an officer of the rank of a Gazetted Officer;
(ii)
Where the offence is punishable with fine only
the search shall not be made after sunset and before sunrise;
(iii)
Where the search is made without a warrant, the Gazetted
Officer concerned shall record in writing and report to his immediate superior that
such search has been made;
© Examine any person and require the production
of any register or document maintained in pursuance of this Act, and take on
the spot or otherwise statements of any person which he may consider necessary for
carrying out the purpose of this Act;
(d) seize or take copies of any register or
document or portion thereof as he may consider relevant in respect of an
offence under this Act which he has
reason to believe has been committed;
(e)
launch prosecutions in respect of offense under this Act and to take a
bond or ensuring the attendance of the offender before any Court;
(f) exercise
such other powers as may be prescribed:
Provided
that no person shall be compelled under this sub-section to answer any question
or
make any
statement tending to incriminate himself.
(6) The
provisions of the Code of Criminal Code procedure, 1972, (2 of 1974) shall, so
far as may
be, apply
to any search or seizure under the authority of any warrant issued under
section 94 of the
Code.
214. Effect of
appeal and revision on orders passed by original authority,- (1) Where an appeal has been preferred or an application
for revision has been made against any orders passed by an orginal authority
under this Act, the appeal or application for revision shall not operate as a
stay of the order passed by original authority and such stay order shall remain
in force pending the disposal of the appeal or the application for
revision, as the case may be, unless the
prescribed authority or revisional authority otherwise directs.
(2) Not withstanding anything contained
in sub-section (1), if an application made by a person for the renewal of permit has been rejected by the original
authority and such person has preferred an
appeal or made an application for revision under this Act against such
rejection, the appellate authority or, as the case may be the revisional
authority may by order direct that the permit shall, not withstanding the expiration of the term specified therein, continue
to be valid until the appeal or application for revision is disposed of,
(3) No order made by a competent authority under this Act shall be revised
or altered on appeal or revision on account of any error, omission or
irregularity in the proceeding, unless it appears to the prescribed appellate authority, as the case may be, that such
error, omission, or irregularity , has, in fact, occasioned a failure of
justice.
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