R.T.Office, Kerala: Motor Vehicles Act, 1988, Kerala RTO

CHAPTER I

PRELIMINARY

1. Shot title, extent and commencement.-(1) This Act may be called the Motor Vehicle Act, 1988

(2)It extends to the whole of India

(3) It shall come into force on such date as the Central Government, by notification in the official Gazette, appoint; and different dates may be appointed for different States 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.

2. Definitions - In this Act unless the context otherwise requires,-

(1) “area” in relation to any provisions 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 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 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 license” means the license issued by a competent authority under Chapter III

authorizing the person specified therein to act as a conductor;

(7) “contract carriage” means a motor vehicle which carries a 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 the holder of a permit in relation to such vehicle or any person authorized by him in this

behalf on a fixed or an agreed rate on 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-

(1) a maxi cab; and

(2) a motor cab not withstanding that separate fares are charged for its passengers;

(8) “dealer” includes a person who is engaged –

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

(b) in repair of motor vehicles ;or

(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 license” means the license issued by a competent authority under Chapter II authorizing

the person specified therein to drive, otherwise than as a learner, 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 stalll 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

goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;

(15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load

certified and 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 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 license” means the license issued by a competent authority under Chapter II

authorizing 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 license under Chapter II or, as the

case may be, under 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 which, does not exceed 7,500

kilograms;

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

(22) “maxi cab” 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

goods vehicle;

(24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle,

educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy

passenger motor vehicle;

(25) “motor cab” 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 twenty five cubic centimeters;

(29) “omnibus” means any motor vehicle constructed or adapted to carry more than six persons

excluding the driver;

(30) “owner” means a person in whoes 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 hire purchase agreement. or an agreement of lease or an agreement of hypothecation,

the person in possession o the vehicle under that agreement;

(31) “permit” means a permit issued by a State or Regional Transport Authority prescribed in this

behalf under this Act authorising the use of motor vehicle as a transport vehicle;

(32) “prescribed” means prescribed by the 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 purpose;

(34) “public place” means a road, street. or other place, whether a thorough fare 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, and includes a maxi cal, a motor cab, a 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 vehicle not mechanically propelled (other than a trailer) which is intended

to be connected to a motor vehicle and which is so constructed that a portion of it is super-

imposed on, and a part of whose weight is borne by that motor 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, either

for the whole journey or far stage 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 (34 of 1950)

(iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments;

Explanation:-For the purpose of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

(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 devises 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;

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3. Necessity for driving license, - (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle, and no person shall so drive a transport vehicle other than a motor car or motor cycle hired for his own use or rented under any scheme under sub-section (2) of section 75 unless his driving license 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 with an engine capacity not exceeding 50 cc 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 license or driving license 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 section 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.

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

(2) No holder of a driving license or a learner’s license 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 license authorizes the holder to drive.

7. Restrictions on the granting of learner’s license for certain vehicles, - (1) No person shall be granted a learner’s license to drive a transport vehicle unless he has he has held a driving license to drive a light motor vehicle for at least one year.

(2) No person under the age of eighteen years shall be granted a learner’s license 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 license.

8. Grant of learner’s license,- (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who in not for the time being disqualified for holding or obtaining a driving license 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 instructions in driving a motor vehicle in situate,

for the issue to him of a learner’s license.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government may, by notification if the Official Gazette, appoint for this purpose:

Provided that no such medical certificate is required for license to drive a vehicle other than a transport vehicle.

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

[Provided that no such medical certificate is required for license to drive a vehicle other than a transport vehicle]

(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 or a motor vehicle of the class which he would be authorized by the learner’s license applied for to drive to be a source of danger to public or to the passengers, the licensing authority shall refuse to issue the learner’s license:

Provided that a learner’s license 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 license 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 section 7, issue the applicant a learner’s license 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 license to drive a motor vehicle.

Provided that a licensing authority may issue a learner’s license to drive a motor cycle or a light motor vehicle not withstanding 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, exempt 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 license 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.

9. Grant of driving license,- (1) Any person who is not for the time being disqualified for holding or obtaining a driving license 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 section 12 from where he is receiving

or has received instruction in driving a motor vehicle is situated,

for the issue to him a driving license.

(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) If the applicant passes such test as may be prescribed by Central Government, he shall be issued the driving license:

Provided that no such test shall be necessary where the applicant produces proof to show that-

(a) (i) the applicant has previously held a driving license to drive such class of vehicle and that the

period between the date of expiry of that license and the date of submission of the application

does not exceed five years; or

(ii) the applicant holds or has previously held a driving license to drive such class of vehicle issued

under section 18; or

(iii) the applicant holds a driving license to drive such class of vehicle issued by a competent

authority of any country outside India, subject to the condition that the applicant complies with

the provisions of sub-section (3) of section 8;

(b) The applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8;

Provided further that where the applicant is for driving license to drive a motor vehicle (not being a transport vehicle) the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub-section, if the applicant posses s driving certificate issued by any institution recognized in this behalf by the State Government.

(4) Where the application is to drive a transport vehicle, no such authorization shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the Central Government and a driving certificate issued by a school or establishment referred to in section 12.

(5) Where the applicant does not pass the test, he may be permitted to re-appear for the test after a period of seven days;

Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test.

(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers:

Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in motor cycle without gear.

(7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving license unless the applicant is for the time being disqualified for holding or obtaining a driving license:

Provided that a licensing authority may issue a driving license to drive a motor cycle or light motor vehicle not withstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority:

Provide further that a licensing authority shall not issue a new driving license to the applicant, if he has previously held a driving license, unless it is satisfied that there is good and sufficient reason for the applicant’s inability to apply to obtain a duplicate copy of his former license.

(8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he -

(a) is a habitual criminal or a habitual drunkard; or

(b) is a habitual addict to any narcotic drug of psychotropic substance within the meaning of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

It may, for reasons to be recorded in writing, make an order refusing to issue a driving license to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority.

(9) Any driving license 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.

10. Form and contents of license to drive- (1) Every learner’s license and driving license, except a driving license issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government.

(2) A learner’s license or, as the case may be, driving license shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely,-

(a) motor cycle without gear

(b) motor cycle with gear

(d) light motor vehicle

(e) transport vehicle

(f) road-roller

(g) motor vehicle of a specified description

11. Addition to driving license,- (1) Any person, holding s driving license to drive any class or description of motor vehicles, who is not for the time being disqualified for holding a driving license to drive any other class or description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he resides or carries on this business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for addition of such other class or description of motor vehicles to the license.

(2) Subject to such rules as may be prescribed by Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a learner’s license under that section to drive the class or description of motor vehicles which the applicant desires to be added to the license.

12. Licensing and regulation of schools or establishments for imparting instructions in driving of motor vehicles,- (1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instructions in driving of motor vehicles and matters connected therewith.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.-

(a) licensing of such schools or establishments including grant, renewal and revocation of such licenses;

(b) Supervision of such schools or establishments;

(d) fee to be paid with the application for such licenses;

(e) conditions subject to which such licenses may be granted;

(f) appeals against the orders of refusal to grant or renew such licenses and appeal against the orders revoking such licenses;

(g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicle;

(h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle;

(i) apparatus and equipment (including motor vehicles fitted with dual control ) required for the purpose of imparting such instruction;

(j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein;

(k) qualification, both educational and professional ( including experience), which a person imparting instruction in driving a motor vehicle shall possess.

(l) Inspection of such schools and establishments ( including the services rendered by them and apparatus, equipments and motor vehicles maintained by them for imparting such instructions);

(m) maintenance of records by such schools or establishments;

(n) financial stability of such schools or establishments;

(o) the driving certificates. If any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purpose of issuing such certificates;

(p) Such other matters as may be necessary to carry out the purpose of this section.

(3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely subject to such conditions and may be specified in the rules, any class of schools of establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section.

(4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a license or not, may continue to impart such instruction without a license issued under this Act for a period of one month from such commencement, and if it has made an application for such license under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority.

13. Extent of effectiveness of license, to drive motor vehicles,- A learner’s license or a driving license issued under this Act shall be effective throughout India.

14. Currency of license to drive motor vehicles, - (1) A learner’s license issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the license

(2) A driving license issued or renewed under this Act shall-

(a) in the case of a license to drive a transport vehicle, be effective for period of three years:

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

(b) In the case of any other license-

(i) If the person obtaining the license, either originally or on renewal thereof, has not attained the age of fifty years on the date of issue or, as the case may be, renewal thereof-

(A) be effective for a period of twenty years from the date of such issue or renewal; or

(B) until the date on which such person attains the age of fifty years whichever is earlier,

(ii) if the person referred to in sub clause (1) has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal;

Provided that every driving license shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry.

15. Renewal of driving license, - (1) Any licensing authority may, on application made to it, renew a driving license under the provisions of this Act with effect from the date of its expiry:

Provided that in any case where the application for the renewal of a license is made more than thirty days after the expiry, the driving license shall be renewed with effect from the date of its renewal:

Provided further that where the application is for the renewal of a license to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as referred to in sub-section(3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to learner’s license.

(2) An application for the renewal of a driving license shall be made in such form and accompanied by such documents as may be prescribed by the Central Government.

(3) Where an application for the renewal of a driving license is made previous to, or not more than thirty days after the date of expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf.

(4) Where an application for the renewal of a driving license is made more than thirty days of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government:

Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of driving license under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3);

Provided further that if the application is made more than five years after the driving license has ceased to be effective, the licensing authority may refuse to renew the driving license, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9.

(5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed the Central Government.

(6) Where the authority renewing the driving license is not the authority which issued the driving license it shall intimate the fact of renewal to the authority which issued the driving license.

16. Revocation of driving license on grounds of disease or disability,- Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving license or may require, as a condition of continuing to hold such driving license, the holder thereof to produce a medical certificate in the same form and in the same form and In the same manner as is referred to in sub-section (3) of section 8 if the licensing authority has reasonable grounds to believe that the holder of the driving license is, by virtue of any disease of disability, unfit to drive a motor vehicle and where the authority revoking a driving license is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that license.

17. Orders refusing or revoking driving licenses and appeals therefrom,- (1) Where a licensing authority refuses to issue any learner’s license or to issue or renew, or revokes any driving license, or refuses to add a class or description of motor vehicle to any driving license, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

18. Driving license to drive motor vehicles, belonging to the Central Government, - (1) Such authority as may be prescribed by the Central Government may issue driving license valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purpose relating to the defense of the country and unconnected with any commercial enterprise.

(2) A driving license issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled.

(3) A driving license issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred in sub-section (1)

(4) The authority issuing any driving license under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving license is issued as that Government may at any time require.

19. Power of licensing authority to disqualify from holding a driving license or revoke such license,- (1) If a licensing authority is satisfied, after giving the holder of a driving license an opportunity of being heard, that he-

(a) is a habitual criminal or a habitual drunkard; or

(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985 ); or

(d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or

(e) Ahs obtained any driving license or a license to drive a particular class or description of motor vehicle by fraud or misrepresentation; or

(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objectives of this Act; or

(g) has failed to submit to or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or

(h) being a person under the age of eighteen years who has been granted a learners’ license or a driving license with the consent in writing of the person having the care of the holder of the holder and has ceased to be in such care,

It may, for reasons to be recorded in writing, make an order-

(i) disqualifying the person for a specified period for holding or obtaining any driving license to drive all or any classes or description of vehicles specified in the license; or

(j) revoke any such license

(2) Where an order under sub-rule (1) is made, the holder of a driving license shall forthwith surrender his driving license to the licensing authority making the order, if the driving license has not already been surrendered, and the licensing authority shall,

(a) if the driving license is a driving license issued under this Act, keep it until the disqualification has expired or has been removed; or

(b) If it is not a driving license issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or

(c) In the case of revocation of any license, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact to the authority which issued that license;

Provided that where the driving license of a person authorized him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him driving any specified class of description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving license and return the same to the holder.

(3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within 30 days of the receipt of the order, appeal to the prescribed authority and such prescribed authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.

20. Power of the court to disqualify, - (1) Where a person is convicted of an offense under this Act or of an offense in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified , for such period as the Court may specify, from holding any driving license to drive all classes or description of vehicles, or any particular class or description if such vehicles, as are specified in such license:

Provided that in respect of an offense punishable under section 183, no such order shall be made for the first or second offense.

(2) Where a person is convicted of any offense under clause© of sub-section (1) of section 132, section 134 or section185, the Court convicting any person of any such offense shall order the disqualification under sub-section (1), and if the offense is relatable to clause © of sub-section (1) of section 134, such disqualification shall be for a period of not less than one month, and if the offense relatable to section 185, such disqualification shall be for a period of not less than six months.

(3) A Court shall, unless for special reasons to be recorded in writing it thinks fir to order otherwise, order the disqualification of a person-

(a) who having been convicted of an offense punishable under section 184 is again convicted

of an offense punishable under that section;

(b) who is convicted of an offense punishable under section 189; or

Provided that the period of disqualification shall not exceed, in the case referred to in clauses (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year.

(4) A Court ordering the disqualification of a person convicted of an offense punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority.

(5) The Court to which an appeal would ordinarily lie from any conviction of an offense of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal will lie against the conviction as a result of which such order of disqualification was made

21. Suspension of driving license in certain cases,- (1) Where, in relation to a person who had been previously convicted of an offense punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section184, of any class of description of motor vehicle caused the death or, or grievous hurt to, one or more persons, the driving license held by such person shall in relation to such class or description of motor vehicle become suspended-

(a) For a period of six months from the date on which the case is registered; or

(b) If such person is discharged or acquitted before the expiry of the period of aforesaid, until such discharge or acquittal, as the case may be.

(2) Where by virtue of the provisions of sub-section (1), the driving license held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension in the notice of the Court competent to take cognizance of such offense, and thereupon, such Court shall take possession of the driving license, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the license was granted or last renewed.

(3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving license with regard to the suspension thereof.

(4) If a driving license in relation to a particular class or description of motor vehicle is suspended under sub-section (1), the person holding such license shall be debarred from holding or obtaining any license to drive such particular class or description of motor vehicles so long as the suspension of the driving license remains in force.

22.Suspension or cancellation of driving license on conviction,- (1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offense of causing , by such dangerous driving as referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving license held by such person in so far as it relate to that class or description of motor vehicle.

(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offense punishable under section 185, is again convicted of an offense punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving license held by such person.

(3) If a driving license is cancelled or suspended under this section, the Court shall take the driving license in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving license so endorsed to the authority by which the license was issued or last renewed and such authority shall, on receipt of the license, keep the license in its safe custody, and in the case of suspended license, return the license to the holder thereof after the expiry f the period of suspension on an application made by him for such return;

Provided that no such license shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the license was issued or last renewed, a fresh test of competence to drive referred t in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as referred to in sub-section (3) of section 8.

(4) If a license to drive particular class or description of motor vehicles in cancelled or suspended under this section, the person holding such a license shall be debarred form holding, or obtaining, any license to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving license remains in force.

23. Effect of disqualification order,- (1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving license, if any, held by such person on the date of the order shall cease to be effective to such extent and during such period.

(2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs.

(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification: and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order:

Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal.

24. Endorsement, - (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving license, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offense in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) shall be similarly so endorsed.

(2) A Court which any person is convicted of an offense under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving license held by the person convicted.

(3) Any person accused of an offense prescribed under sub-section (2) shall when attending the Court bring with him his driving license if it is in his possession’

(4) Where any person is convicted of any offense under this Act and sentenced to imprisonment for a period not exceeding three months, the Court awarding the sentence shall endorse the fact of such sentence upon the driving license of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving license was granted or last renewed.

(5) When the driving license is endorsed or caused to be endorsed by the any Court, such court shall send the particulars of the endorsement to the licensing authority by which the driving licnese was granted or last renewed.

(6) When on an appeal against any conviction or order of a Court, which has been endorsed on a driving license, the appalled court shall inform the licensing authority by which the driving license was granted or last renewed and such authority shall amend or cause to be amended the endorsement.

25. Transfer of endorsement and issue of diving license free from endorsement, - (1) An endorsement or any driving license shall be transferred to any new or duplicate driving license obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving license issued to him free from endorsement.

(2) Where a driving license id required to be endorsed and the driving license in not in the possession of the Court or authority by which the endorsement is to be made, then-

(a) If the person in respect of whom the endorsement is to be made is at the time the holder of a driving license, he shall produce the driving license to the Court of authority within five days. Or such linger time as the Court or authority ay fix; or

(b) If, not being the holder of a driving license, he subsequently obtains a driving license, he shall within five days after obtaining the driving license produce to the Court or authority, and if the driving license is not produced within the time specified it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement.

(3) A person whose driving license has been endorsed shall, if during a continuous period of three years after such endorsement no further has been made against him, be entitled to receive a new driving license free from all endorsements

Provided that if the endorsement is only in respect of an offense contravening the speed limits referred in section 112, such person shall be entitled to receive a new driving license free from such endorsement on the expiration of one year of the date of the endorsement.

Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding a driving license shall be excluded.

26. Maintenance of State Register of Driving License,- (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 Driving License, in respect of driving licenses issued and renewed by the licensing authorities of the State Government, containing following particulars, namely,-

(a) Names and addresses or holder of driving licenses;

(b) license numbers;

(d) dates of expiry of licenses;

(e) classes and types of vehicles authorized to be driven; and

(f) such other particulars as the Central Government may prescribe.

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

(3) The State Register of Driving License shall be maintained in such manner as may be prescribed by the State Government.

27. Power of Central Government to make rules, - The Central Government may make rules-

(a) regarding conditions referred to in sub-section (2) of section 3;

(b) providing for the form in which the application for learner’s license may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 3;

(d) providing for the particulars for the test referred to in sub-section 5 of section 8;

(e) providing for the form in which the application for driving license may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9;

(f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9;

(g) specifying the minimum educational qualifications of persons to whom license to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons;

(h) providing for the form and contents of the license referred to in sub-section (1) of section 10;

(i) providing for the forms and contents of the application referred to in sub-section (1) of

section 11 and documents to be submitted with the application and the fee to be charged;

(j) providing for the conditions subject to which section 9, shall apply to an application made under section 11;

(k) providing for the form and contents on the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15;

(l) providing for the authority to grant license under sub-section (1) of section 18;

(m) specifying the fees payable under sub-section (2) of section 8 and sub-section (3) and (4) of section 15 for the grant of learner’s license, and for the grant and renewal of driving licenses and licenses for the purpose of regulating schools or establishments for imparting instructions in driving motor vehicles;

(n) specifying the acts for the purpose of clause (f) sub-section (1) of section 19;

(o) specifying the offenses under this act for the purpose of sub-section (2) of section16;

of section 24;

(p) to provide for all or any of the matters referred to in sub-section (1) o f section 26;

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

28. Power of state Government to make rules, - (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 27.

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

(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;

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

Provided that no fee so fixed shall exceed twenty rupees;

photographs which have become obsolete and the fees to be charged therefor;

(d) the badges and uniform to be won by drivers of transport vehicles and the fees to be paid in

respect of badges;

(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8;

(f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or

any portion of the fees payable under this Chapter;

(g) the communication of particulars of licenses granted by other licensing authorities;

(h) the duties, functions and conduct of such persons to whom licenses to drive transport vehicles are issued;

(i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or the rules made thereunder;

(j) the manner in which the State Register of Driving License shall be maintained under section 26;

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

CHAPTER III

LICENSING OF CONDUCTORS OF STAGE CARRIAGES

29. Necessity for conductors license,- (1) No person shall act as a act as a conductor of a stage carriage unless he holds an effective license issued to him authorizing him to act such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage.

(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as conductor for a period not exceeding one month.

30. Grant of conductor's license,- (1) Any person who possesses minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) or section 31 and who is not for the time being disqualified for holding or obtaining conductor's license may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him a conductor's license.

(2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed.

(3) Every application for a conductor's license shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall be accompanied by two clear copies of a recent photograph of he applicant.

(4) A conductor's license issued under this Chapter shall be effective throughout the State in which it is issued.

(5) The fee for a conductor's license and each renewal thereof on half of that for a driving license.

31. Disqualifications for the grant of conductor's license,- (1) No person under the age of eighteen years shall hold, or be granted, a conductor's license.

(2) The licensing authority may refuse to issue a conductor's license-

(a) if the applicant does not possess the minimum educational qualification;

(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and

32. Revocation of a conductor's license on grounds of disease or disability,- A conductor's license may at any time be revoked by any licensing authority if that authority has reasonable ground to believe that the holder of the license is suffering from any disease or disability which is likely to render him permanently unfit o hold such a license and where the authority revoking a conductor's license is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued the license:

Provided that before revoking any license, the licensing authority shall give the person holding such license a reasonable opportunity of being heard.

33. Orders refusing etc. ,conductor's license and appeals,- (1) Where a licensing authority refuses to issue of renew, or revokes any conductor;s license, it shall do so by an order communicated to the applicamt or the holder, as the case may be, giving the reasons in writing for such refusal.or revocation.

35. Power of Court to disqualify,- (1) Where any person holding a conductor's license is convicted of any offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's license.

(2) The Court to which an appeal lies from any conviction of an offense under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

36. Certain provisions of Chapter II to apply to conductor's license,- The provisions of sub-section (2) of section 6, sections 14, 15 and 23, section 24 and section 25 shall, so far as may be apply in relation to a conductor's license, as they apply in relation to a driving license.

37. Savings,- If any license to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, not withstanding such commencement,for the period for which it would have been effective, if this Act had not been passed, and every such license shall be deemed to to be a license issued under this Chapter as if this Chapter had been in force on the date on which that license was granted.

36. Power of State Government to make rules,- (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

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

(a) the appointment, jurisdiction, control and functions of licensing and other prescribed authorities under this Chapter;

(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29;

(c) the minimum educational qualification of a conductors, their duties and functions and the conduct of persons to whom conductor's license are issued;

(d) the form of application for conductor's license or fro renewal of such licenses and the particulars it

may contain;

(e) the form in which conductor's license may be issued or renewed and the particulars it may contain

(f) the issue of duplicate license to replace the licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and fees to be charged therefor;

(g) 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;

(h) the badge and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges;

(i) the grant of the certificates referred to in sub-section 30 by registered medical practitioners and the form of such certificates

(j) the conditions subject to which, and the extent to which, a conductor's license issued in another State shall be effective in the State;

(k) communication of particulars of conductor's license from one authority to other authorities; and

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

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:

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 registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.

41. Registration, how to be made,- (1) An application by or on behalf of the owner of a motor vehicle for registration 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, 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 purpose of this Act.

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

(3) The registering authority shall issue to the owner of the 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 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 registration mark) consisting of one of the groups of such of 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 specified by the Central Government.

(7) A certificate of registration issued under sub-section (3), whether before 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), renew 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 purpose 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 last registering authority in such form containing such particulars and information along with such fee as may be prescribed by the Central Government.

42. Special provisions for registration of motor vehicles of diplomatic officers, etc,- (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, notwithstanding 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 of registration (hereinafter 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 of consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of section 39 and 40 shall 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 registering authorities for registering such vehicles, 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 purpose of this section,” diplomatic officer” or “consular officer” means any person who is recognized 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 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 or for any unforeseen circumstances beyond the control of the owner, the period may be extended by such further periods as the registering authority or other prescribed authority, as the case may be, may allow.

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

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 or, as the case may be, for renewing 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 the rules made there under.

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 vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or the rules made there under, or if the applicant fail 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 of 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 reason for such refusal.

46. Effectiveness of registration in India,- Subject 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 on in force under this Act in respect of such vehicle shall be effective throughout India.

47. Assignment of new registration mark on removal to other State,- (1) When a motor vehicle registered in one State has been kept in another State, for a period of 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 by-

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

(ii) in 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 of 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, as far as may be, regarding obtaining of such certificate from the person with whom such has been entered into, shall apply.

(2) The registering authority, to which the 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 registration of the vehicle from the records of that registering authority to its own records.

(3) Where a motor vehicle is held under hire purchase or lease, or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform 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 is 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 purpose of sub-section (5), 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).----

48. No objection certificate,- (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, the 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 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 registering authority may, after making such enquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the 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 officer that no case relating to theft or the motor vehicle concerned has been reported or is pending, verify whether all amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other facts as may be prescribed by the Central Government.

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

49. Change of residence or place of business,- (1) If the owner of a motor vehicle ceases to reside in 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 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, and shall at the same time forward the certificate of registration to the 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 purpose 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 verifications 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 may after making such an 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 transferee shall-

(1) In the case of a vehicle registered within the State within fourteen days of transfer, report the fact of transfer, in such form with such documents and in such manner, as my 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 (1)-

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

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

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

(2) the postal acknowledgement received by the transferor 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 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 the 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 a motor vehicle, shall 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, in such manner, accompanied with such fee, and within the period as may be prescribed by the Central Government.

(3) 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 purpose 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 transferee in reporting the fact of transfer of ownership of the motor vehicle or 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 to the transferor and to the original registering authority, if it is not the original registering authority.

51. Special provision regarding motor vehicle subject to hire purchase agreement, etc,- (1) Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement ( hereinafter 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 last registering authority shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement, in the certificate of registration and an intimation in this regard shall be sent to the original registering authority if the last registering authority is not the original registering authority.

(3) An entry made under sub-section (1) or sub-section (2), may be cancelled by the last registering authority on proof of the termination of the said agreement by the parties concerned on application being made in such a form as the Central Government may prescribe and an intimation in this behalf shall be sent to the original registering authority, if the last registering authority is not the original registering authority.

(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 from the registered owner owing to default of the registered owner under the provisions of the said agreement and the registered owner refuses or to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representations as he may wish to make by sending him a notice by registered post acknowledgment 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 permit under section 81 or for the issue of duplicate registration under sub-section (14) of section 41, or for the assignment of a new registration mark under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for the alteration of the vehicle under section 52, make an application to the person with whom the registered owner has entered into the said agreement, (such person being hereafter in this section as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate)

Explanation:- For the purpose of this sub-section and sub-sections (8) and (9), “appropriate authority” in relation to any permit, means the authority which is authorized by this Act to renew such permit and, in relation to registration means the authority which is authorized by this Act to issue a 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 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 17, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has not been obtained, the communication received from the financier under sub-section or, as the case may be, a declaration that he has nor received any communication from the financier within a 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 fresh registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the provisions of this Act –

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

(i) Renew or refuse to renew the permit, or

(ii) Issue or refuse to assign a new registration mark

(b) In any other case,

(i) renew the permit, or

(ii) issue duplicate certificate of registration

(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

(d) any alteration in a motor vehicle, or

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

(f) change of address,

(g) shall communicate by registered post acknowledgement due to the financier that such entry has been made

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

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

52. Alteration in motor vehicle,- (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer:

Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating the operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:

Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits:

Provided further that Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.

(2) Notwithstanding anything contained in sub-section (1), a State Government may, by notification in the Official Gazette, authorize subject to such conditions as may be prescribed in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority.

(3) Where any alteration has been made in motor vehicle without the approval of registering authority or by reason o replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of making of the alteration, report the alteration t the registering authority together with the prescribed fee in order that the particulars registration may be entered therein.

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

(5) Subject to the provisions made under sub-sections (1), (2), (3), and (4) no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner.

Explanation: - For the purpose of this section, “alteration means a change in the structure of a vehicle which results in a change in its basic feature.

53. Suspension of registration: - (1) If any registering authority or other prescribed authority has reasons 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 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 therefor to the registering authority within whose jurisdiction the vehicle is at the time of suspension.

(3) Where the registration 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 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 the registration has been rescinded and not before.

54. Cancellation of registration suspended under section 53,- Where the suspension of the registration of a vehicle under section 53 has continued without interruption for a period 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 registering 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 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 certificate of registration.

(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by 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 a such a condition that 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 endorsed 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 representations 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 making an order of cancellation 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.

56. Certificate of fitness of transport vehicles,- (1) Subject to the provisions of sections 59 and 60, a transport vehicle shall be deemed to be validly registered for the purpose 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 whether the prescribed authority or the authorized testing station refused to 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 for reasons to be recorded in writing cancel a certificate of fitness any

time, if satisfied that the vehicle to which it relates no longer complies with 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 suspended until a new certificate of fitness has been obtained.

Provided that no such cancellation shall be made by the prescribed authority unless such prescribed

authority holds such technical qualifications as may be prescribed or where the prescribed authority does not hold technical qualification on the basis of the report of an officer having such qualification.

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

57. Appeals,- (1) Any person aggrieved by an order of the registering authority under section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.

(2) The appellate authority shall give notices 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 tyres attached to the wheels of a transport vehicle (other than a motor cab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the maximum gross vehicle weight of such vehicle and the maximum axle weight of each axle of such vehicle.

(2) A registering authority, when registering a transport vehicle, other than a motor cab, 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,

(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 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 and size of the tyres attached to the wheels

Provided that where it appears to Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in 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.

59. Power to fix the age limit of a motor vehicle, - (1) The Central Government may, having regard to the public safety, convenience and object of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after 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 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 used for the purpose of a demonstration in any exhibition, use for the 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 prescribed in such notification, any class or type of motor vehicle form 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)

60. Registration of vehicles belonging to the Central Government,- (1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposed 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 it 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 provisions contained in the rules made in this behalf by Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle for the time being complies 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 of or under the exclusive control of the Central Government, the provisions of section 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 at any time as the State Government may 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 a 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 vehicle 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 Register 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 Vehicles, in respect of motor vehicles in that state, containing the following particulars, namely,-

(a) registration numbers;

(b) years of manufacture;

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

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

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

(a) the period within which and the form in which the 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 (5) of section 41;

(c) the form and manner 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;

(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-sections (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 and the period within which the application referred to in sub-section (1) of section 47 shall be made, the particulars and information 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) o 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 information 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 information of transfer or ownership shall be made under sub-section (2) of section 50 and the documents to be submitted along with the application;

(l) the form in which the application under sub-section (2) or 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 the 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 certificate of registration, for making an entry regarding transfer or ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificate of fitness for registration marks, and 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;

65. Power of State Government to make rules,- (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 foregoing power, such rules may provide for-

(a) the conduct and hearing of appeals that may be preferred under this Chapter ( the fee 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 form 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 duplicate of such certificates to replace the certificates lost, destroyed or mutilated;

(e) the production of certificate 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 the vehicles registered outside the State of particulars of such vehicles and their registration;

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

(l) the extension of validity of certificate of fitness pending consideration of the application 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 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.

CHAPTER V

CONTROL OF TRANSPORT VEHICLES

66. Necessity for permits,- (1) No owner of a motor vehicle shall use or permit the use of the vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority, authorizing him the use of the vehicle in the manner in which the vehicle is being used:

Provided that a stage carriage permit shall, subject to any conditions that may be prescribed in the permit, authorise the use of vehicle as a contract carriage:

Provided further that a stage carriage permit may, subject to any condition that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:

Provided also that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle as a goods carriage for or in connection with a trade or business carried on by him.

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

Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailer.

(3) The provisions of sub-section (1) shall not apply-

(a) to any transport vehicle owned by the Central Government of a State Government and used for Government purposes unconnected with any commercial enterprise;

(b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleaning, road watering or conservancy purpose;

(d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpse;

(e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety;

(f) to any transport vehicle used for any other public purpose and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this regard;

(g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purpose and in accordance with such conditions as the Central Government may, by notification in Official Gazette, specify in this behalf;

(h) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;

(i) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or any Other State, without carrying any passengers or goods;

(j) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination;

(k) to any transport vehicle used for such purpose as the Central or State Government may, by order, specify;

(l) to any transport vehicle which is subject to a hire purchase, or lease or hypothecation agreement and which owing to default of the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its designation, or

(m) to any transport vehicle while proceeding empty to any place for purpose of repair.

(4) Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver.

67. Power to State Government to control road transport,- (1) A State Government, having regard to-

(a) the advantages offered to the public, trade and industry by the development of motor transport,

(b) the desirability of co-ordinating road and rail transport,

(d) the desirability of preventing uneconomic competition among holders of permits,

may, form time to time, by notification in the Official Gazette, issue directions both to State Transport Authority and Regional Transport Authority-

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

(ii) regarding the prohibition or restriction, subject to such conditions as may be specified in the directions, of the conveying of long distance goods traffic generally, or of specified classes of goods by goods carriages;

(iii) regarding any other matter which may appear to the State Government necessary or expedient for giving effect to any agreement entered into with the Central Government or any other State Government of the Government of any other country relating to the regulation of motor transport generally, and in particular to its co-ordination with other means of trnasprt and conveying of long distance goods traffic:

Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed directions is published in the Official Gazette specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received had, in consultation with the State Transport Authority, been considered after giving the representatives of the interests affected an opportunity of being heard.

(2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passenger and goods.

68. Transport Authorities,- (1) The State Government shall, by notification in Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas ( in this Chapter referred to as regions) as may be specified in the notification in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such Authorities:

Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority.

(2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional or as an adjudication authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, Such other persons ( whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other persons (whether officials or not), not being more than two, as the State Government may think fit to appointment; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of State or Regional Transport Authority, and, if any person being a member of any such authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office.

Provided that nothing in this sub-section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not posses judicial experience or experience as an appellate or revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law:

Provided further that the State Government may-

(i) where it considers necessary or expedient so to do, constitute the State Transport Authority of a Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience as appellate or revisionary authority or as an adjudicating authority competent to pass any order or take any decision under any law;

(ii) by rules made in this behalf, provide for the transaction of business of such authorities in the absence of the Chairman or any other member and specify the circumstances under which, and the manner in which, such business could be transacted:

Proved also that nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with management or operation of a transport undertaking) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquired, any financial interest in a transport undertaking.

(3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise end discharge throughout the State the following powers and functions namely,

(a) to co-ordinate and regulate the activities of the Regional Transport Authorities, if any, of the State;

(b) to perform the duties of a Regional Transport Authority where there is n such Authority and, if it

thinks fir or if so required by a Regional Transport Authority, to perform those duties in respect of

any route common to tow or more regions;

Transport Authorities;

(ca) Government to formulate routes to plying stage carriages; and

(d) to discharge such other functions as may be prescribed.

(4) For the purpose of exercising and discharging the powers and functions specified in sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions.

(5) The State Transport Authority and any Regional Transport Authority, of authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions limitations and conditions as may be prescribed by the said rules.

69. General provisions to application for permits,- (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:

Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:

Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State Transport Authority of the regions in which the applicant resides or hs his principal place of business.

70. Application for stage carriage permit, - (1) An application for a permit in respect of a stage carriage (in this Chapter referred to as stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely,-

(a) the route or routes or the area or areas to which the application relates;

(b) the type and seating capacity of each such vehicle;

Explanation: - For the purpose of this section, section 72, section 80 and section 102, “trip” means a single journey form one point to another, and every return journey shall be deemed to be a separate trip.

(d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions;

(e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for storage and safe custody of luggage;

(f) such other matters as may be prescribed.

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

71. Procedure of Regional Transport Authority in considering application for stage carriage permit,- (1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act.

(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if It appears from any time table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:

Provided that before such refusal, an opportunity shall be given to the applicant to amend the time table so as to confirm with the said provisions.

(3) (a) The State Government shall, if so directed by the Central Government having regard to the

number of vehicles, road conditions and other relevant matters, by notification in the Official

Gazette direct a State Transport Authority and a Regional Transport Authority to limit the

number of stage carriages generally or of any specified type, as may be fixed and specified in

the notification, operating on city routes in towns with a population of mot less than five lakhs.

(b) where the number of stage carriages are fixed under clause (a), the Government of the State

shall reserve in the State certain percentage of stage carriage permits for the scheduled castes

and the scheduled tribes in the same ratio as the case of appointments made by direct

recruitment to public services in the State.

shall receive such number of permits for scheduled castes and scheduled tribes as may be fixed

by the State Government under sub-clause (b).

Authority shall in considering an application having regard to the following matters, namely,-

(i) financial stability of the applicant;

(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and

(iii) such other matters as may be prescribed by the State Government:

Provided that, other conditions being equal, preference shall be given to application for permits from-

(i) State transport undertakings;

(ii) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force;

(iii) Ex-servicemen ,

(iv) Any other class or category of persons, as the State Government may, for reasons to be recorded in writing, consider necessary.

72. Grant of stage carriage permit,- (1) Subject to the provisions of section , a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with such modifications as it deems fit or refuse to grant the permit:

Provided that no such permit shall be granted in respect of any route or area not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules made under this Act, attach to the permit any one or more of the following conditions namely,-

(i) that the vehicles shall be used only in a specified area, or on a specified route or routes;

(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;

the minimum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;

(iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;

(iv) that copies of time table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;

(v) that the stage carriage shall be operated within such margins of deviation from the approved time table as the Regional Transport Authority may from time to time specify;

(vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points;

(vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage either generally or on specified occasions or at specified times and seasons;

(viii) the weight and nature of passengers’ luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers;

(ix) the rate of charge that may be levied for passengers’ luggage in excess of the free allowance;

(x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used;

Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date;

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicle;

(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;

(xiii) that fares shall be charged in accordance with the approved fare table;

(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rate of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;

(xv) that tickets bearing specified particulars shall be issued to passengers and shall be exhibited on the stage carriage and at specified stands and halts;

(xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified;

(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;

(xviii) the conditions subject to which the vehicle may be used as contract carriage;

(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle;

(xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use;

(xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;

(xxii) that the Regional Transport Authority may, after giving notice to less than one month-

(a) vary the conditions of a permit;

(b) attach to the permit further conditions:

Provided that the conditions specified in pursuance of clause (a) shall not be varied so as to alter the distance covered by the original route by more than kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any pat thereof;

(xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe;

(xxiv) any other conditions which may be prescribed.

73. Application for contract carriage permit, - An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely,-

(a) the type and seating capacity of the vehicle;

(b) the area for which the permit is required;

74. Grant of contract carriage permit, - (1) Subject to the provisions of sub-section (3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:

(2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely,-

(i) that the vehicle shall be used only in a specified area or on a specified route or routes;

(ii) that except in accordance with specified conditions, no contract of hiring, other than an

extension or modification of a subsisting contract, may be entered into outside the

specified area;

(iii)the maximum number of passengers and the maximum weight of luggage that may be

carried on the vehicle, either generally or on specified occasions or at specified times and seasons;

(iii) the conditions subject to which goods may be carried in any carriage in addition to, or to the exclusion of passengers;

(iv) that in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle;

(v) that in the case of vehicles other than motor cabs, specified rates of hiring not exceeding specified maximum shall be charged;

(vi) that in the case of new vehicles other than motor cabs, a specified weight of passengers’ luggage shall be carried without charge, if any, for any luggage in excess thereof shall be at a specified rate;

(vii) that in the case of motor cabs, a taximeter shall be fitted and maintained in proper working order, if not prescribed;

(viii) that the Regional Transport Authority may, after giving notice of not less than one month-

(a) very the conditions of the permit;

(b) attach to the permit further conditions;

(ix) that the conditions of permit shall not departed from save with the approval of the Regional Transport Authority;

(x) that specified standards of comfort and cleanliness shall be maintained in the vehicle;

(xi) that, except in circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused

(xii) any other conditions which may be prescribed.

(3) (a) The State Government shall, if so directed by the Central Government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs;

(b) Where the number of contract carriages are sixed under clause(a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely,-

(i) financial stability of the applicant;

(ii) satisfactory performance as a contract carriage operator including payment of tax, if the applicant is or has been an operator of contract carriages; and

(xiii) such other conditions as may be prescribed by the State Government:

Provided that, other conditions being equal, preference shall be given to applications for permit from-

(i) the India Tourism Development Corporation;

(ii) State Tourism Development Corporation;

(iii) State Tourism Departments;

(iv) State Transport Undertakings;

(v) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force;

(vi) Ex-servicemen.

75. Scheme for renting of motor cabs,- (1) The Central Government may, by notification in Official Gazette, make a scheme for the purpose of regulating the business of renting of motor cabs or motor cycles to persons desiring to drive wither by themselves of through drivers, motor vabs or motor caycles for their own use and for matters connected with that.

(2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely,-

(a) licensing of operators under the scheme including grant, renewal and revocation of such licenses;

(b) form of application and form of license and the particulars to be contained therein;

(d) the authorities to which the application shall be made;

(e) conditions subject to which such licenses may be granted, renewed or revoked;

(f) appeals against orders revoking such licenses;

(g) conditions subject to which motor cabs may be rented;

(h) maintenance or records and inspection of such records;

(i) such other matters as may be necessary to carry out the purpose of this section.

76. Application for private service vehicle permit,- (1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:

Provided that no such application shall be granted in respect of any area or route not specified in the application.

(2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars namely,-

(a) type and seating capacity of the vehicle;

(d) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward on in connection with the trade or business carried on by the applicant will be served by the vehicle; and

(e) any other particulars which may be prescribed.

(3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that may be made under this Act, attach to the permit any or more of the following conditions, namely,=

(i) that the vehicle be used in a specified area or on a specified route or routes;

(ii) the maximum number of persons and the maximum weight of luggage that may be carried;

(iii) that the Regional Transport Authority may, after giving notice of not less than one month-

(a) vary the conditions of the permit;

(b) attach to the permit further conditions:

(iv) that the conditions of permit shall be departed from, save with the approval of the Regional Transport Authority;

(v) that specified standards of comforts and cleanliness shall be maintained in the vehicle;

(vi) that the holder of the permit shall furnish to the Regional Transport Authority; such periodical returns, statistics and other information as the State Government may, from time to time specify; and

(vii) such other conditions as may be prescribed.

77. Application for goods carriage permit,- An application for permit to use a motor vehicle for the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried by the applicant( in this Chapter referred to as a goods carriage permit) shall, as far a may be, contain the following particulars, namely,-

(a) the area or the route or routes to which the application relates;

(b) the type and capacity of the vehicle;

(d) the arrangements intended to be made for housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods;

(e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application;

(f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the Regional Transport Authority of facilities for the transport of goods for hire of reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region;

(g) any other matter which may be prescribed.

78. consideration of application for goods carriage permit,- A Regional Transport Authority shall, in considering an application for a goods carriage permit have regard to the following matters, namely,-

(a) the nature of goods to be carried with special reference to their dangerous or

Hazardous nature to human life;

(b) the nature of chemicals or explosives to be carried with special reference to the safety to human life.

79. Grant of goods carriage permit,- (1) A Regional Transport Authority may on an application made to tie under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modification as it deems fit or refuse to grant such a permit:

Provided that no such permit shall be granted in respect of any area or route not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a goods carriage permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely,-

(a) that the vehicle shall be used only in a specified area or on a specified route or routes;

(b) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum;

(d) that goods shall be carried at specified rates;

(e) that specified arrangements shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried;

(f) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time prescribe;

(g) that the Regional Transport Authority may, after giving notice of not less than one month-

(i) vary the conditions of the permit;

(ii) attach to the permit further conditions;

(h) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;

(i) Any other conditions which may be prescribed.

(3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life.

80. Procedure to applying for and granting permits,- (1) An application for a permit of any king may be made at any time.

(2) A Regional Transport Authority, State Transport Authority, or any prescribed authority referred to in sub-section (1) of section 66 shall not ordinarily refuse to grant an application for permit of any king made at any time under this Act.

Provided that the Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages s fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74;

Provided further that where a Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 reused an application for the grant of a permit of any kind under this Act, it shall give to the applicant in writing the reasons for the refusal of the same and an opportunity of being heard in the matter.

(3) An application to vary the conditions of any permit, other than a temporary permit by the inclusion of a new route or routes or a new area or by altering the route or routes or area covered by it, or in the case of a stage carriage permit by increasing the number of trips above the specified maximum by the variation, extension of curtailment of the route or routes or area specified in the permit shall be treated as an application for the grant of a new permit.

Provided that it shall not be necessary so to treat an application made by the holder of s stage carriage permit who provides the only service on any route to increase the frequency of the service provided without any increase in the number of vehicles

Provide further that,-

(a) In the case of variation, the termini shall not be altered by the variation shall not exceed twenty four kilometers;

(b) In the case of extension, the distance covered by extension shall not exceed twenty four from the termini,

And any such variation or extension within such limits shall be made only after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof.

(4) A Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66 may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replace permit was valid.

Provide that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the holder of the permit.

(5) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section (4) shall be effective without renewal for the reminder of the period during which the replaced permit would have been effective.

81. Duration and renewal of permits,- (1) A permit other than a temporary permit issued under section 87 or a special permit issued sub-section (8) of section 88 shall be effective form the date of issuance or renewal thereof for a period of five years;

Provided that where the permit is countersigned under sub-section (1) or section 88,such counter signature shall remain effective without renewal for such period so as to synchronize with the validity of the permit.

(2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry.

(3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority as the case may be, may entertain an application for the renewal of a permit after the last date specified in hat sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time period.

(4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely-

(a) the financial condition of the applicant as evidenced by the insolvency, or decrees for

payment of debts remaining unsatisfied for a period of thirty days, prior to the date of

considering the application;

(b) The applicant has been punished twice or more for any of the following offences within

twelve months reckoned from fifteen days prior to the date of consideration of the

application committed as a result of the operation of a stage carriage service by the

applicant, namely,-

(i)plying any vehicle-

(1) without payment of tax due on such vehicle;

(2) without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle;

(3) on any unauthorized route;

(ii)making unauthorized trips:

Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account.

Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant.

(5) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit had been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded.

82. Transfer of permit,- (1) Save as provided in sub-section (2), a permit shall not be transferrable form one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit.

(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three month, use the permit as if it had been granted to himself.

Provided that such person has, within thirty days of the death holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit.

Provided further that no permit shall be so uses after the date on which it would have ceased to be effective without renewal In eh hands of the deceased holder.

(3) The transport authority may entertain an application made to it within three months of the death of the holder of permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit.

Provided that the transport authority may entertain an application made after the expiry of the

said period of three months if it is satisfied that the applicant was prevented by good and sufficient

cause from making an application within the time specified.

83. Replacement of vehicles, - The holder of a permit may, with the permission of the authority by

which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the

same nature.

84. General conditions attaching to all permits, - The following shall be conditions of every

permit:-

(a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section

56 and is at all times so maintained as to comply with the requirements of this Act and the rules

made thereunder,

(b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed

permitted under this Act;

section 67 are observed in connection with the vehicle to which the permit relates;

(d)that the vehicle to which the permit relates in not driven in contravention of the provisions of

section 5 or section113;

(e)that the provisions of this Act limiting the hours of work of drivers are observed in connection with

any vehicle or vehicles to which the permit relates;

(f) that the provisions of Chapters X, XI, XII so far as they apply to the holder of the permit are

observed; and

(g)that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters.

85. General form of permits,- Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.

86. Cancellation and suspension of permits,- (1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit-

(a) on the breach of any conditions specified in section 84 or of any condition contained in the permit, or

(b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or

(d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or

(e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or

(f) if the holder of the permit acquires the citizenship of any foreign country:

Provided that no permit shall be suspended r cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation.

(2) The transport authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or persons to whom power in this behalf has been delegated under sub-

section (5) of section 68 as if the said permit was a permit granted by the transport authority.

3) Where a transport authority cancels or suspends a permit it shall give to the holder in writing its reasofor the action taken.

(4) The powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68

(5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (c) of sub-section (1) and the transport authority is of the opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum on money then, not withstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon.

(6) The powers exercisable by the transport authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority.

(7) In relation to a permit referred to in sub-section (9) of section88, the powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority and any authority or persons to whom the power in this behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted by any such authority or person.

87.Temperary permit,- (1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily,-

(a) for the conveyance of passengers on special occasions such as to and from fairs and religious

gatherings, or

(b) for the purpose of a seasonal business, or

(d) pending decision of an application for the renewal of a permit,

and may attach to any such permit such conditions as it may think fit:

Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding form months, but not exceeding one year.

(2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where-

(i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of permit has been so restrained.

(ii) as a result of the suspension by a court or other competent authority of the permit of any vehicle in respect of that route or area , there is no transport vehicle of the same class with a valid permit n respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension;

Provided that the number of transport vehicles in respect of which temporary permits so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be the permit has been suspended.

88. Validation of permits for use outside region in which granted,- (1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned:

Provided that a goods carriage permit, granted by the Regional Transport Authority of one region, for any area in any region or regions within the same State shall be valid in that area without countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned:

Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometers, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State:

R.T.Office, Kerala

Pages

Motor Vehicles Act, 1988, Kerala RTO

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