Motor Vehicles Act, 1988
Chapter 5: Control of Transport Vehicles
Section 81: Duration and renewal of permits

(1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective 1[from the date of issuance or renewal thereof] for a period of five years: Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary 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 that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified.
Chapter 5: Control of Transport Vehicles
Section 81: Duration and renewal of permits

hat sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. (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 insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application; (b) the applicant had 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 unauthorised route; (ii) making unauthorised 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.
Chapter 5: Control of Transport Vehicles
Section 81: Duration and renewal of permits

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 has 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.
Chapter 5: Control of Transport Vehicles
Section 82: Transfer of permit

(1) Save as provided in sub-section (2), a permit shall not be transferable from 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 months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the 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 used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a 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.
Chapter 5: Control of Transport Vehicles
Section 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.
Chapter 5: Control of Transport Vehicles
Section 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; (c) that any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates; (d) that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113; (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 and 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.
Chapter 5: Control of Transport Vehicles
Section 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.
Chapter 5: Control of Transport Vehicles
Section 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 condition 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 (c) if the holder of the permit ceases to own the vehicle covered 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 or 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 person 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 reasons for the action taken.
Chapter 5: Control of Transport Vehicles
Section 86: Cancellation and suspension of permits

port authority. (3) Where a transport authority cancels or suspends a permit, it shall give to the holder in writing its reasons for 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 (e) of sub-section (1) and the transport authority is of 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 of money, then, notwithstanding 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.
Chapter 5: Control of Transport Vehicles
Section 86: Cancellation and suspension of permits

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 section 88, 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 transport authority and 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 any such authority or persons.
Chapter 5: Control of Transport Vehicles
Section 87: Temporary permits

(1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, 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 purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition 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 four months, but not exceeding one year.
Chapter 5: Control of Transport Vehicles
Section 87: Temporary permits

es of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four 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 the permit has been so restrained; or (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 in 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 are 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:
Chapter 5: Control of Transport Vehicles
Section 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 any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other rigion, 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 any one region, for any area in any other region or regions within the same State shall be valid in that area without the 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 kilometres, 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:
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid 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. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted.
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5).
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

nal Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it.
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be.
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

icular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be.
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

e countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government.
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

isfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section.
Chapter 5: Control of Transport Vehicles
Section 88: Validation of permits for use outside region in which granted

relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) 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:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
Chapter 5: Control of Transport Vehicles
Section 88A: Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods

1[88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods.-- (1) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:-- (a) last mile connectivity; (b) rural transport; (c) improving the movement of freight, and logistics; (d) better utilisation of transportation assets; (e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency; (f) the increase in the accessibility and mobility of people; (g) the protection and enhancement of the environment; (h) the promotion of energy conservation; (i) improvement of the quality of life; (j) enhancement of the integration and connectivity of the transportation system, across and between modes of transport; and (k) such other matters as the Central Government may deem fit: Provided that the Central Government may, before taking any action under this sub-section seek concurrence of the State Governments.
Chapter 5: Control of Transport Vehicles
Section 88A: Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods

ent may deem fit: Provided that the Central Government may, before taking any action under this sub-section seek concurrence of the State Governments. (2) Notwithstanding anything contained in sub-section (1), two or more States may make schemes for the operation within such States for the inter-State transportation of goods or passengers: Provided that in the event of any repugnancy between the schemes made by the Central Government under sub-section (1) and schemes made by two or more States under this sub-section, the schemes made under sub-section (1) shall prevail.]
Chapter 5: Control of Transport Vehicles
Section 89: Appeals

(1) Any person-- (a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit under section 82, or (d) aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) aggrieved by the refusal to grant permission under section 83, or (g) aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final.
Chapter 5: Control of Transport Vehicles
Section 89: Appeals

ction (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final. 1[(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.] (3) Notwithstanding anything contained in sub-section (1) or sub- section (2), every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not been passed. Explanation.--For the removal of doubts, it is hereby declared that when any order is made by the State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Inter-State Transport Commission under clause (c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939), as it stood immediately before the commencement of this Act, and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tribunal against such order but not against the direction so issued.
Chapter 5: Control of Transport Vehicles
Section 90: Revision

The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Authority Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final: Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order: Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time: Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
Chapter 5: Control of Transport Vehicles
Section 91: Restriction of hours of work of drivers

1 [(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).] (2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. (3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3). (5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).
Chapter 5: Control of Transport Vehicles
Section 92: Voidance of contracts restrictive of liability

Any contract for the conveyance of a passenger in a 1[transport vehicle, in respect of which a permit or licence] has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.
Chapter 5: Control of Transport Vehicles
Section 93: Agent or canvasser or aggregator to obtain licence

1[Agent or canvasser or aggregator to obtain licence.]--(1) No person shall engage himself-- (i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles, or (ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, 2[(iii) as an aggregator,] unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government. 2[Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government: Provided further that every aggregator shall comply with the provisions of the Information Technology Act, 2000 (21 of 2000) and the rules and regulations made there under.] (2) The conditions referred to in sub-section (1) may include all or any of the following matters, namely:-- (a) the period for which a licence may be granted or renewed; (b) the fee payable for the issue or renewal of the licence; (c) the deposit of security-- (i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing goods carried by goods carriages; (ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited; (d) the provision by the agent of insurance of goods in transit;
Chapter 5: Control of Transport Vehicles
Section 93: Agent or canvasser or aggregator to obtain licence

agent or canvasser, and the circumstances under which the security may be forfeited; (d) the provision by the agent of insurance of goods in transit; (e) the authority by which and the circumstances under which the licence may be suspended or revoked; (f) such other conditions as may be prescribed by the State Government. (3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspapers, book, list, classified directory or other publication the licence number, the date of expiry of licence and the particulars of the authority which granted the licence.
Chapter 5: Control of Transport Vehicles
Section 94: Bar on jurisdiction of Civil Courts

No Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit 1[or licence issued under any scheme] under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit 1[or licence issued under any scheme], shall be entertained by any Civil Court.
Chapter 5: Control of Transport Vehicles
Section 95: Power of State Government to make rules as to stage carriages and contract carriages

(1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. (2) Without prejudice to the generality of the foregoing provision, such rules may-- (a) authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police officer; (b) require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand; (c) require a passenger to declare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor; (d) require, on demand being made for the purpose by the driver or conductor or other person authorised by the owners of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him; (e) require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid; (f) require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him;
Chapter 5: Control of Transport Vehicles
Section 95: Power of State Government to make rules as to stage carriages and contract carriages

e for which he has paid; (f) require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him; (g) require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger; (h) require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is exhibited; (i) require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same.
Chapter 5: Control of Transport Vehicles
Section 96: Power of State Government to make rules for the purposes of this Chapter

(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, rules under this section may be made with respect to all or any of the following matters, namely:-- (i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them; (ii) the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted; (iii) 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; (iv) the forms to be used for the purposes of this Chapter, including the forms of permits; (v) the issue of copies of permits in place of permits lost, destroyed or multilated; (vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed; (vii) the fees to be paid in respect of applications for permits, duplicate permits and plates; (vii) the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter;
Chapter 5: Control of Transport Vehicles
Section 96: Power of State Government to make rules for the purposes of this Chapter

the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter; (ix) the custody, production and cancellation on revocation or expiration of permits, and the return of permits which have been cancelled; (x) the conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature; (xi) the conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature; (xii) the conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67; (xiii) the authorities to whom, the time within which and the manner in which appeals may be made; (xiv) the construction and fittings of, and the equipment to be carried by, stage and contract carriage, whether generally or in specified areas; (xv) the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried; (xvi) the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; (xvii) the safe custody and disposal of property left in a stage or contract carriage;
Chapter 5: Control of Transport Vehicles
Section 96: Power of State Government to make rules for the purposes of this Chapter

and contract carriages partly or wholly in lieu of passengers; (xvii) the safe custody and disposal of property left in a stage or contract carriage; (xviii) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; (xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriage; if used for such purposes; (xx) the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining testing and sealing taxi meters; (xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place;
Chapter 5: Control of Transport Vehicles
Section 96: Power of State Government to make rules for the purposes of this Chapter

and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place; (xxii) the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; (xxiii) the regulation of motor cab ranks; (xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; (xxv) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business; (xxvi) requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare; (xxvii) the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried;
Chapter 5: Control of Transport Vehicles
Section 96: Power of State Government to make rules for the purposes of this Chapter

the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried; (xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles; (xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing goods carried by goods carriages; (xxx) the inspection of transport vehicles and their contents and of the permits relating to them; (xxxi) the carriage of persons other than the driver in goods carriages; (xxxii) the records to be maintained and the returns to be furnished by the owners of transport vehicles; and 1[(xxxiia) framing of schemes under sub-section (3) of section 67; (xxxiib) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding;] (xxxiii) any other matter which is to be or may be prescribed.
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 97: Definition

In this Chapter, unless the context otherwise requires, "road transport service" means a service of motor vehicles carrying passengers or goods or both by road for hire or reward.
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 98: Chapter to override Chapter V and other laws

The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law.
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 99: Preparation and publication of proposal regarding road transport service of a State transport undertaking

1 [(1)] Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit. 2 [(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue of till the date of final publication of the scheme under section 100, whichever is earlier.]
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 100: Objection to the proposal

(1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government. (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal. (3) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route: Provided that no such scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government.
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 100: Objection to the proposal

scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government. (4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed. Explanation.--In computing the period of one year referred to in this sub-section, any period or periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any court shall be excluded.
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 101: Operation of additional services by a State transport undertaking in certain circumstances

Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings: Provided that the State transport undertaking shall inform about the operation of such additional services to the concerned Transport Authority without delay.
Chapter 6: Special Provisions relating to State Transport Undertakings
Section 102: Cancellation or modification of scheme

(1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving-- (i) the State transport undertaking; and (ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification. (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 103: Issue of permits to State transport undertakings

(1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V. (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order,-- (a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending; (b) cancel any existing permit; (c) modify the terms of any existing permit so as to-- (i) render the permit ineffective beyond a specified date; (ii) reduce the number of vehicles authorised to be used under the permit; (iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 103: Issue of permits to State transport undertakings

used under the permit; (iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route. (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2). STATE AMENDMENTS Karnataka-- Amendment of section 103.--In section 103 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), after sub-section (1), the following shall be inserted, namely:-- "(1A) It shall be lawful for the State Transport undertaking to operate on any route as stage carriage under any permit issued therefor to such undertaking under sub-section (1), any vehicle placed at the disposal and under the control of such undertaking by the owner of such vehicle under any arrangement entered into between such owner and the undertaking for the use of the said vehicle by the undertaking.] [Vide Karnataka Act 11 of 1996, sec. 2].
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 104: Restriction on grant of permits in respect of a notified area or notified route

Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme: Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 105: Principles and method of determining compensation and payment thereof

(1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be. (2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit. (3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 105: Principles and method of determining compensation and payment thereof

hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103. (4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payable to the holder of the permit for each vehicle affected by such cancellation or modification shall be computed as follows:-- (a) for every complete month or part of a month exceeding fifteen days of the unexpired period of the permit Two hundred rupees; (b) for part of a month not exceeding fifteen days of the unexpired period of the permit One hundred rupees: Provided that the amount of compensation shall, in no case, be less than four hundred rupees.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 105: Principles and method of determining compensation and payment thereof

f the unexpired period of the permit One hundred rupees: Provided that the amount of compensation shall, in no case, be less than four hundred rupees. (5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of section 103, the terms of an existing permit are modified so as to curtail the area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with the following formula, namely:-- YA/ R Explanation.--In this formula,-- (i) "Y" means the length or area by which the route or area covered by the permit is curtailed; (ii) "A" means the amount computed in accordance with sub-section (4); (iii) "R" means the total length of the route or the total area covered by the permit. (6) The amount of compensation payable under this section shall be paid by the State transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification of the permit becomes effective: Provided that where the State transport undertaking fails to make the payment within the said period of one month, it shall pay interest at the rate of seven per cent. per annum from the date on which it falls due.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 106: Disposal of article found in vehicles

Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 107: Power of State Government to make rules

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (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) the form in which any proposal regarding a scheme may be published under section 99; (b) the manner in which objections may be filed under sub-section (1) of section 100; (c) the manner in which objections may be considered and disposed of under sub-section (2) of section 100; (d) the form in which any approved scheme may be published under sub-section (3) of section 100; (e) the manner in which application under sub-section (1) of section 103 may be made; (f) the period within which the owner may claim any article found left in any transport vehicle under section 106 and the manner of sale of such article; (g) the manner of service of orders under this Chapter; (h) any other matter which has to be, or may be, prescribed.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 108: Certain powers of State Government exercisable by the Central Government

The powers conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter-State route or area.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 109: General provision regarding construction and maintenance of vehicles

(1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. (2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1 [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110: Power of Central Government to make rules

(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:-- (a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles;
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110: Power of Central Government to make rules

c convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110: Power of Central Government to make rules

e protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110A: Recall of motor vehicles

1[110A. Recall of motor vehicles. --(1) The Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if-- (a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and (b) a defect in that particular type of motor vehicle has been reported to the Central Government by-- (i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or (ii) a testing agency; or (iii) any other source. (2) Where the defect referred to in sub-section (1) lies in a motor vehicle component, the Central Government may, by order, direct a manufacturer to recall all motor vehicles which contain such component, regardless of the type or variants of such motor vehicle. (3) A manufacturer whose vehicles are recalled under sub-section (1) or sub-section (2), shall-- (a) reimburse the buyers for the full cost of the motor vehicle, subject to any hire-purchase or lease-hypothecation agreement; or (b) replace the defective motor vehicle with another motor vehicle of similar or better specifications which complies with the standards specified under this Act or repair it; and (c) pay such fines and other dues in accordance with sub-section (6).
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110A: Recall of motor vehicles

ons which complies with the standards specified under this Act or repair it; and (c) pay such fines and other dues in accordance with sub-section (6). (4) Where a manufacturer notices a defect in a motor vehicle manufactured by him, he shall inform the Central Government of the defect and initiate recall proceedings and in such case the manufacturer shall not be liable to pay fine under sub-section (3). (5) The Central Government may authorise any officer to conduct investigation under this section who shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed. (6) The Central Government may make rules for regulating the recall of motor vehicles, of a particular type or its variants, for any defect which in the opinion of the Central Government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road users.]
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110B: Type of approval certificate and testing agencies

1[110B. Type approval certificate and testing agencies.-- (1) No motor vehicle, including a trailer or semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in India unless a type-approval certificate referred to in sub-section (2) has been issued in respect of such vehicle: Provided that the Central Government may, by notification in the Official Gazette, extend the requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor vehicle: Provided further that such certificate shall not be required for vehicles which are-- (a) intended for export or display or demonstration or exhibition; or (b) used by a manufacturer of motor vehicles or motor vehicle components or a research and development centre or a test by agency for testing and validation or for data collection, inside factory premises or in a non-public place; or (c) exempted by the Central Government. (2) The manufacturer or importer of motor vehicles including trailers, semi-trailers, modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported for test to a testing agency for obtaining a type-approval certificate by such agency. (3) The Central Government shall make rules for the accreditation, registration and regulation of testing agencies.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 110B: Type of approval certificate and testing agencies

proval certificate by such agency. (3) The Central Government shall make rules for the accreditation, registration and regulation of testing agencies. (4) The testing agencies shall conduct tests on vehicles drawn from the production line of the manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this Chapter and the rules and regulations made thereunder. (5) Where the motor vehicle having a type-approval certificate is recalled under section 110A, the testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and registration to be cancelled.]
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 111: Power of State Government to make rules

(1) A State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely:-- (a) seating arrangements in public service vehicles and the protection of passengers against the weather; (b) prohibiting or restricting the use of audible signals at certain times or in certain places; (c) prohibiting the carrying of appliances likely to cause annoyance or danger; (d) the periodical testing and inspection of vehicles by prescribed authorities 1[and fees to be charged for such test]; (e) the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; (f) the use of trailers with motor vehicles; and 2* * * * *
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 112: Limits of speed

(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette. (2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 112: Limits of speed

oad or roads: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month. (3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938).
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 113: Limits of weight and limitations on use

(1) The State Government may prescribe the conditions for the issue of permits for 1 [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer-- (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 114: Power to have vehicle weighed

(1) 1 [Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions. (2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 115: Power to restrict the use of vehicles

The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 116: Power to erect traffic signs

(1) (a) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic. (b) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government. 1[(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver:
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 116: Power to erect traffic signs

c sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver: Provided that for the purposes of this sub-section, the National Highway Authority of India or any other agency authorised by the Central Government may seek assistance from the authorities of the State Government and the said State Government shall provide such assistance.] (2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Schedule. (3) Except as provided by sub-section (1) 2[or sub-section (1A)], no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub-section (1).
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 116: Power to erect traffic signs

by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub-section (1). (4) A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver. (5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section. (6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty-four hours of the occurrence.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 116: Power to erect traffic signs

mstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty-four hours of the occurrence. (7) For the purpose of bringing the signs set forth in 2[the First Schedule] in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification, 2[the First Schedule] shall be deemed to be amended accordingly.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 117: Parking places and halting stations

The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. 1[Provided that the State Government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places: Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may also determine such places.]
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 118: Driving regulations

The Central Government may, by notification in the Official Gazette, make regulations for the driving of motor vehicles.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 119: Duty to obey traffic signs

(1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section "mandatory traffic sign" means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 120: Vehicles with left hand control

No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left-hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 121: Signals and signalling devices

The driver of a motor vehicle shall make such signals and on such occasions as may be prescribed by the Central Government: Provided that the signal of an intention to turn to the right or left or to stop-- (a) in the case of a motor vehicle with a right-hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and (b) in the case of a motor vehicle with a left hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle: Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 122: Leaving vehicle in dangerous position

No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 123: Riding on running board, etc

(1) No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle. (2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle.
Chapter 7: Construction, Equipment and Maintenance of Motor Vehicles
Section 124: Prohibition against travelling without pass or ticket

No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. Explanation.--In this section,-- (a) "pass" means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein; (b) "ticket" includes a single ticket, a return ticket or a season ticket.
Chapter 8: Control of Traffic
Section 125: Obstruction of driver

No person driving a motor vehicle shall allow any person to stand or sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle.
Chapter 8: Control of Traffic
Section 126: Stationary vehicles

No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver.
Chapter 8: Control of Traffic
Section 127: Removal of motor vehicles abandoned or left unattended on a public place

1[(1) Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.] (2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the 2[public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the 1[public place] by a towing service may be authorised by a police officer having jurisdiction. (3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.
Chapter 8: Control of Traffic
Section 128: Safety measures for drivers and pillion riders

(1) No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures. (2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor cycles and pillion riders thereon.
Chapter 8: Control of Traffic
Section 129: Wearing of protective headgear

1[129. Wearing of protective headgear.-- Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government: Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban: Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle. Explanation.-- "Protective headgear" means a helmet which,-- (a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.]
Chapter 8: Control of Traffic
Section 130: Duty to produce licence and certificate of registration

(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. 1[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 2[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it.
Chapter 8: Control of Traffic
Section 130: Duty to produce licence and certificate of registration

from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. Explanation.-- For the purposes of this sub-section, "certificate of insurance" means the certificate issued under sub-section (3) of section 147.] (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.
Chapter 8: Control of Traffic
Section 131: Duty of the driver to take certain precautions at unguarded railway level crossing

Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed.
Chapter 8: Control of Traffic
Section 132: Duty of driver to stop in certain cases

(1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as 1[may for such reasonable time as may be necessary, but not exceeding twenty-four hours]-- 2[(a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or] (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or 3* * * * * and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184 give his name and address to that person. (3) In this section the expression "animal" means any horse, cattle, elephant, camel, ass, mule, sheep or goat.
Chapter 8: Control of Traffic
Section 133: Duty of owner of motor vehicle to give information

The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.
Chapter 8: Control of Traffic
Section 134: Duty of driver in case of accident and injury to a person

When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall-- (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, 1[by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence. 2[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:--- (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident;
Chapter 8: Control of Traffic
Section 134: Duty of driver in case of accident and injury to a person

e policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. Explanation.--For the purposes of this section the expression driver includes the owner of the vehicle.]
Chapter 8: Control of Traffic
Section 134A: Protection of Good Samaritans

1[134A. Protection of Good Samaritans. --(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance. (2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. Explanation.--For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]
Chapter 8: Control of Traffic
Section 135: Schemes to be framed for the investigation of accident cases and wayside amenities, etc

(1) The State Government may, by notification in the Official Gazette, make one or more schemes to provide for-- (a) an in depth study on causes and analysis of motor vehicle accidents; (b) wayside amenities on highways; (c) traffic aid posts on highways; 1*** (d) truck parking complexes along 2[highways; and]. 3[(e) any other amenities in the interests of the safety and the convenience of the public.] (2) Every scheme made under this section by any State Government shall be laid, as soon as may be after it is made, before the State Legislature. 3[(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in-depth studies on the causes and analysis of road accidents.]
Chapter 8: Control of Traffic
Section 136: Inspection of vehicle involved in accident

When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned 1[after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours].
Chapter 8: Control of Traffic
Section 136A: Electronic monitoring and enforcement of road safety

1[136A. Electronic monitoring and enforcement of road safety. --(1) The State Government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed by the Central Government. (2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology. Explanation.--For the purpose of this section the expression "body wearable camera" means a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.]
Chapter 8: Control of Traffic
Section 137: Power of Central Government to make rules

The Central Government may make rules to provide for all or any of the following matters, namely:-- (a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121; 1[(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;] (b) the manner in which the licences and certificates may be produced to the police officer under section 130. 1[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and (d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.]
Chapter 8: Control of Traffic
Section 138: Power of State Government to make rules

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. 1[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.] (2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads; (b) the installation and use of weighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles;
Chapter 8: Control of Traffic
Section 138: Power of State Government to make rules

ce; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and (j) any other matter which is to be, or may be, prescribed.
Chapter 9: Motor Vehicles Temporarily Leaving or Visiting India
Section 139: Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:-- (a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle during their absence from India; (b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India; and (c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India. (2) For the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward, the Central Government may, by notification in the Official Gazette, make rules with respect to all or any of the following matters, namely:-- (a) the conditions subject to which motor vehicles carrying on such services may be brought into India from outside India and possessed and used in India; (b) the conditions subject to which motor vehicles may be taken from any place in India to any place outside India;
Chapter 9: Motor Vehicles Temporarily Leaving or Visiting India
Section 139: Power of Central Government to make rules

a and possessed and used in India; (b) the conditions subject to which motor vehicles may be taken from any place in India to any place outside India; (c) the conditions subject to which persons employed as drivers and conductors of such motor vehicles may enter or leave India; (d) the grant and authentication of travelling passes, certificates or authorisations to person employed as drivers and conductors of such motor vehicles; (e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited; (f) the use of trailers with such motor vehicles; (g) the exemption of such motor vehicles and their drivers and conductors from all or any of the provisions of this Act other than those referred to in sub-section (4) or the rules made thereunder; (h) the identification of the drivers and conductors of such motor vehicles; (i) the replacement of the travelling passes, certificates or authorisations, permits, licences or any other prescribed documents lost or defaced, on payment of such fee as may be prescribed; (j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services; (k) any other matter which is to be, or may be, prescribed. (3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users.
Chapter 9: Motor Vehicles Temporarily Leaving or Visiting India
Section 139: Power of Central Government to make rules

ion shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users. (4) Nothing in this Act or in any rule made thereunder by a State Government relating to:-- (a) the registration and identification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment of motor vehicles, or (c) the licensing and the qualifications of drivers and conductors of motor vehicles, shall apply-- (i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) or under sub-section (2) apply; or (ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 145: Definitions

1[Definitions.--In this Chapter,-- (a) "authorised insurer" means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972); (b) "certificate of insurance" means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; (c) "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860); (d) "hit and run motor accident" means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (e) "Insurance Regulatory and Development Authority" means the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (f) "policy of insurance" includes certificate of insurance;
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 145: Definitions

r section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (f) "policy of insurance" includes certificate of insurance; (g) "property" includes roads, bridges, culverts, causeways, trees, posts, milestones and baggage of passengers and goods carried in any motor vehicle; (h) "reciprocating country" means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Act; (i) "third party" includes the Government, the driver and any other co-worker on a transport vehicle.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 146: Necessity for insurance against third party risk

1[146. Necessity for insurance against third party risks. --(1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter: Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991). Explanation.--For the purposes of this sub-section, a person driving a motor vehicle merely as a paid employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force. (2) The provisions of sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for purposes not connected with any commercial enterprise.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 146: Necessity for insurance against third party risk

all not apply to any vehicle owned by the Central Government or a State Government and used for purposes not connected with any commercial enterprise. (3) The appropriate Government may, by order, exempt from the operation of sub-section (1), any vehicle owned by any of the following authorities, namely:-- (a) the Central Government or a State Government, if the vehicle is used for purposes connected with any commercial enterprise; (b) any local authority; (c) any State Transport Undertaking: Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in such manner as may be prescribed by appropriate Government. Explanation.--For the purposes of this sub-section, "appropriate Government" means the Central Government or a State Government, as the case may be, and-- (i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government; (ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government; (iii) in relation to any other State Transport Undertaking or any local authority, means that Government which has control over that undertaking or authority.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 147: Requirements of policies and limits of liability

1[Requirement of policies and limits of liability. -- (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which-- (a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)-- (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person including owner of the goods or his authorised representative carried in the motor vehicle or damage to any property of a third party caused by or arising out of the use of the motor vehicle in a public place; (ii) against the death of or bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor vehicle in a public place. Explanation.--For the removal of doubts, it is hereby clarified that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 147: Requirements of policies and limits of liability

y which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Notwithstanding anything contained under any other law for the time being in force, for the purposes of third party insurance related to either death of a person or grievous hurt to a person, the Central Government shall prescribe a base premium and the liability of an insurer in relation to such premium for an insurance policy under sub-section (1) in consultation with the Insurance Regulatory and Development Authority. (3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (4) Notwithstanding anything contained in this Act, a policy of Insurance issued before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on the existing terms under the contract and the provisions of this Act shall apply as if this Act had not been amended by the said Act.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 147: Requirements of policies and limits of liability

be continued on the existing terms under the contract and the provisions of this Act shall apply as if this Act had not been amended by the said Act. (5) Where a cover note issued by the insurer under the provisions of this Chapter or the rules or regulations made thereunder is not followed by a policy of insurance within the specified time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority or to such other authority as the State Government may prescribe. (6) Notwithstanding anything contained in any other law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 148: Validity of policies of insurance issued in reciprocating countries

1[ Validity of policies of insurance issued in reciprocating countries. -- Where, in pursuance of an arrangement between India and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance for the time being in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164B such policy of insurance shall be effective throughout the route or area in respect of which the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter. ]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 149: Settlement by insurance company and procedure therefor

1[Settlement by insurance company and procedure therefor. -- (1) The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident. (2) An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government. (3) If, the claimant to whom the offer is made under sub-section (2),-- (a) accepts such offer,-- (i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and (ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement; (b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 150: Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

1[Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. -- (1) If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum not exceeding the sum assured payable thereunder, as if that person were the decree holder, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. (2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal;
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 150: Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto, and to defend the action on any of the following grounds, namely:- (a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:-- (i) a condition excluding the use of the vehicle-- (A) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward; or (B) for organised racing and speed testing; or (C) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle; or (D) without side-car being attached where the vehicle is a two-wheeled vehicle; or (ii) a condition excluding driving by a named person or by any person who is not duly licenced or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion;
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 150: Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

in section 185; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or (c) that there is non-receipt of premium as required under section 64VB of the Insurance Act, 1938 (4 of 1938).
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 150: Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

false in some material particular; or (c) that there is non-receipt of premium as required under section 64VB of the Insurance Act, 1938 (4 of 1938). (3) Where any such judgment or award as is referred to in sub-section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not that person is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment or award were given by a court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment or award unless, before the commencement of the proceedings in which the judgment or award is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2).
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 150: Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2). (4) Where a certificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby, by reference to any condition other than those in sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect. (5) No insurer to whom the notice referred to in sub-section (2) or sub-section (3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 150: Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be. (6) If on the date of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insured. Explanation.--For the purposes of this section,-- (a) "award" means an award made by the Claims Tribunal under section 168; (b) "Claims Tribunal" means a Claims Tribunal constituted under section 165; (c) "liability covered by the terms of the policy" means the liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and (d) "material fact" and "material particular" mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he shall take the risk and, if so, at what premium and on what conditions.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 151: Rights of third party against insurers on insolvency of insured

1[Rights of third party against insurers on insolvency of insured. ] --(1) Where under any contract of insurance affected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third party, then-- (a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors; or (b) where the insured person is a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to the company or of a receiver or manager of the companys business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 151: Rights of third party against insurers on insolvency of insured

notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtors rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting, either directly or indirectly, to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency, shall be of no effect.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 151: Rights of third party against insurers on insolvency of insured

1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency, shall be of no effect. (4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but-- (a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess amount; and (b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person in respect of the balance amount.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 152: Duty to give information as to insurance

1[Duty to give information as to insurance. --(1) No person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on behalf of the person making the claim, refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 152: Duty to give information as to insurance

(2) In the event of any person becoming insolvent or making an arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the companys business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give, on the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provision of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 151 and for the purpose of enforcing such rights, if any, and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibi
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 152: Duty to give information as to insurance

oid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 152: Duty to give information as to insurance

(3) If, from the information given to any person in pursuance of sub-section (2) or otherwise, he has reasonable ground for supporting that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned. (4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 153: Settlement between insurers and insured persons

1[Settlement between insurers and insured persons. --- (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement. (2) The Claims Tribunal shall ensure that the settlement is bona fide and was not made under undue influence and the compensation is made in accordance with the payment schedule referred to in sub-section (1) of section 164. (3) Where a person who is insured under a policy issued for the purpose of this Chapter has become insolvent, or where, if such insured person is a company, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding-up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid, shall be effective to defeat the rights transferred to the third party under this Chapter; but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 154: Saving in respect of sections 151, 152 and 153

1[Saving in respect of sections 151, 152 and 153. -- (1) For the purposes of sections 151, 152 and 153, a reference to "liabilities to third parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of sections 151, 152 and 153 shall not apply where a company is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 155: Effect of death on certain causes of action

1[Effect of death on certain causes of action. --Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925, (39 of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of such event against his estate or against the insurer.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 156: Effect of certificate of insurance

1[Effect of certificate of insurance. -- When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then-- (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 157: Transfer of certificate of insurance

1[Transfer of certificate of insurance. -- (1) Where a person, in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter, transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. Explanation.--For the removal of doubts, it is hereby clarified that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance. (2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour, and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 158: Production of certain certificates, licence and permit in certain cases

[Production of certain certificates, licence and permit in certain cases. --(1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce. (a) the certificate of insurance; (b) the certificate of registration; (c) the pollution under control certificate; (d) the driving licence; (e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and the permit; and (f) any certificate or authorisation of exemption that has been granted under this Act, relating to the use of the vehicle. (2) Where, owing to the presence of a motor vehicle in a public place, an accident occurs involving death or bodily injury to another person, if the driver of the vehicle does not at that time produce the required certificate, driving licence and permit referred to in sub-section (1) to a police officer, he or the owner shall produce the said certificates, licence and permit at the police station at which the driver makes the report required by section 134.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 158: Production of certain certificates, licence and permit in certain cases

the owner shall produce the said certificates, licence and permit at the police station at which the driver makes the report required by section 134. (3) No person shall be liable to conviction for offences under sub-section (1) or sub-section (2) by reason of the failure to produce the required certificate if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer-in-charge of the police station at which he reported the accident: Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce the certificate of insurance.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 158: Production of certain certificates, licence and permit in certain cases

ng driven in contravention of section 146 and on any occasion when the driver was required under this section to produce the certificate of insurance. (5) In this section, the expression "produce the certificate of insurance" means production for examination the relevant certificate of insurance or such other evidence as may be prescribed to prove that the vehicle was not being driven in contravention of section 146.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 159: Information to be given regarding accident

1[Information to be given regarding accident.-- The police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 160: Duty to furnish particulars of vehicle involved in accident

1[Duty to furnish particulars of vehicle involved in accident. --A registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 161: Special provisions as to compensation in case of hit and run motor accident

1[Special provisions as to compensation in case of hit and run motor accident. -- (1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents. (2) Subject to the provisions of this Act and the scheme made under sub-section (3), there shall be paid as compensation,-- (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 161: Special provisions as to compensation in case of hit and run motor accident

esulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government. (3) The Central Government may, by notification in the Official Gazette, make a scheme specifying the manner in which the scheme shall be administered by the Central Government or General Insurance Council, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation under this section. (4) A scheme made under sub-section (3) may provide that,-- (a) a payment of such sum as may be prescribed by the Central Government as interim relief to any claimant under such scheme; (b) a contravention of any provision thereof shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than twenty-five thousand rupees but may extend to five lakh rupees or with both; (c) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of Central Government, by such officer or authority to any other officer or authority.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 162: Scheme for golden hour

1[Scheme for golden hour. -- (1) Notwithstanding anything contained in the General Insurance Companies (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the insurance companies for the time being carrying on general insurance business in India shall provide in accordance with the provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour. (2) The Central Government shall make a scheme for the cashless treatment of victims of the accident during the golden hour and such scheme may contain provisions for creation of a fund for such treatment.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 163: Refund in certain cases of compensation paid under section 161

1[Refund in certain cases of compensation paid under section 161. -- (1) The payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 163: Refund in certain cases of compensation paid under section 161

so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer. (2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle under any provision of this Act other than section 161 or any other law for the time being in force, the Claims Tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such Tribunal, court or other authority shall-- (a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (1); (b) if an application for payment of compensation is pending under section 161 forward the particulars as to the compensation awarded by it to the insurer. Explanation.--For the purpose of this sub-section, an application for compensation under section 161 shall be deemed to be pending-- (i) if such application has been rejected, till the date of the rejection of the application; and (ii) in any other case, till the date of payment of compensation in pursuance of the application.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164: Payment of compensation in case of death or grevious hurt, etc

1[Payment of compensation in case of death or grevious hurt, etc. -- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person. (3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164A: Scheme for interim relief for claimants

1[164A. Scheme for interim relief for claimants. -- (1) The Central Government, may make schemes for the provision of interim relief to claimants praying for compensation under this Chapter. (2) A scheme made under sub-section (1) shall also provide for procedure to recover funds disbursed under such scheme from the owner of the motor vehicle, where the claim arises out of the use of such motor vehicle or other sources as may be prescribed by the Central Government].
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164B: Motor Vehicle Accident Fund

1[164B. Motor Vehicle Accident Fund. -- (1) The Central Government shall constitute a Fund to be called the Motor Vehicle Accident Fund and thereto shall be credited-- (a) payment of a nature notified and approved by the Central Government; (b) any grant or loan made to the Fund by the Central Government; (c) the balance of the Fund created under scheme framed under section 163, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019; and (d) any other source of income as may be prescribed by the Central Government. (2) The Fund shall be constituted for the purpose of providing compulsory insurance cover to all road users in the territory of India. (3) The Fund shall be utilised for the following, namely:-- (a) treatment of the persons injured in road accidents in accordance with the scheme framed by the Central Government under section 162; (b) compensation to representatives of a person who died in hit and run motor accident in accordance with schemes framed under section 161; (c) compensation to a person grievously hurt in a hit and run motor accident in accordance with schemes framed under section 161; and (d) compensation to such persons as may be prescribed by the Central Government. (4) The maximum liability amount that shall be paid in each case shall be such as may be prescribed by the Central Government.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164B: Motor Vehicle Accident Fund

the Central Government. (4) The maximum liability amount that shall be paid in each case shall be such as may be prescribed by the Central Government. (5) In all cases specified in clause (a) of sub-section (3), when the claim of such person becomes payable, where amount has been paid out of this Fund to any person, the same amount shall be deductible from the claim received by such person from the insurance company. (6) The Fund shall be managed by such authority or agency as the Central Government may specify having regard to the following:-- (a) knowledge of insurance business of the agency; (b) capability of the agency to manage funds; and (c) any other criteria as may be prescribed by the Central Government. (7) The Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Fund in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (8) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him.
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164B: Motor Vehicle Accident Fund

of India. (8) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him. (9) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of the Fund under this Act shall have the same rights, privileges and authority in connection with such audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (10) The accounts of the Fund, as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of the Parliament. (11) Any scheme framed under sub-section (3) of section 161, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019, shall be discontinued and all rights and liabilities accruing thereunder shall be met out of the Fund with effect from the date of commencement of this Act.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164C: Power of Central Government to make rules

1[164C. Power of Central Government to make rules. -- (1) The Central Government may make rules for the purposes 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 forms to be used for the purposes of this Chapter including,-- (i) the form of the insurance policy and the particulars it shall contain as referred to in sub-section (3) of section 147; (ii) the form for making changes in regard to the fact of transfer in the certificate of insurance under sub-section (2) of section 157; (iii) the form in which the accident information report may be prepared, the particulars it shall contain, the manner and the time for submitting the report to the Claims Tribunal and the other agency under section 159; (iv) the form for furnishing information under section 160; and (v) the form of the annual statement of accounts for the Motor Vehicle Accident Fund under sub-section (7) of section 164B; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated; (d) the custody, production, cancellation and surrender of certificates of insurance; (e) the records to be maintained by insurers of policies of insurance issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter;
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164C: Power of Central Government to make rules

ce issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter; (g) the furnishing of information respecting policies of insurance by insurers; (h) adopting the provisions of this Chapter to vehicles brought into India by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in India by applying those provisions with prescribed modifications; (i) the requirements which a certificate of insurance is required to comply with as referred to in clause (b) of section 145; (j) administration of the Fund established under sub-section (3) of section 146; (k) the minimum premium and the maximum liability of an insurer under sub-section (2) of section 147; (l) the conditions subject to which an insurance policy shall be issued and other matters related thereto as referred to in sub-section (3) of section 147; (m) the details of settlement, the time limit for such settlement and the procedure thereof under sub-section (2) of section 149; (n) the extent of exemptions and the modifications under the proviso to sub-section (3) of section 158; (o) the other evidence under sub-section (5) of section 158; (p) such other agency to which the accident information report as referred to in section 159 may be submitted; (q) the time limit and fee for furnishing information under section 160;
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164C: Power of Central Government to make rules

e accident information report as referred to in section 159 may be submitted; (q) the time limit and fee for furnishing information under section 160; (r) the higher amount of compensation in respect of death under clause (a) of sub-section (2) of section 161; (s) a sum to be paid as interim relief as referred to in clause (a) of sub-section (4) of section 161; (t) the procedure for payment of compensation under sub-section (1) of section 164; (u) such other sources from which funds may be recovered for the scheme as referred to in sub-section (2) of section 164A; (v) any other source of income that may be credited into the Motor Vehicle Accident Fund under sub-section (1) of section 164B; (w) the persons to whom compensation may be paid under clause (d) of sub-section (3) of section 164B; (x) the maximum liability amount under sub-section (4) of section 164B; (y) the other criteria under clause (c) of sub-section (6) of section 164B; (z) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by rules.]
Chapter 11: Insurance of Motor Vehicles Against Third Party Risks
Section 164D: Power of State Government to make rules

1[164D. Power of State Government to make rules. -- (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter other than the matters specified in section 164C. (2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the other authority under sub-section (5) of section 147; and (b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.]
Chapter 12: Claims Tribunals
Section 165: Claims Tribunals

(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. Explanation.--For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under 1[section 164]. (2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he-- (a) is, or has been, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointment as a Judge of a High Court 2[or as a District Judge]. (4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.
Chapter 12: Claims Tribunals
Section 166: Application for compensation

(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made-- (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. 1[Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.] 2[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:
Chapter 12: Claims Tribunals
Section 166: Application for compensation

s or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: 3* * * * *.] 4[(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.] 5[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under 6[section 159] as an application for compensation under this Act.] 7[(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not.]
Chapter 12: Claims Tribunals
Section 167: Option regarding claims for compensation in certain cases

Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.
Chapter 12: Claims Tribunals
Section 168: Award of the Claims Tribunal

(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of 1[section 163] may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: 2* * * * * (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.
Chapter 12: Claims Tribunals
Section 169: Procedure and powers of Claims Tribunals

(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry. 1[(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit.]
Chapter 12: Claims Tribunals
Section 170: Impleading insurer in certain cases

Where in the course of any inquiry, the Claims Tribunal is satisfied that-- (a) there is collusion between the person making the claim and the person against whom the claim is made, or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of 1[section 150], the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.
Chapter 12: Claims Tribunals
Section 171: Award of interest where any claim is allowed

Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.
Chapter 12: Claims Tribunals
Section 172: Award of compensatory costs in certain cases

(1) Any Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that-- (a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or (b) any party or insurer has put forward a false or vexatious claim or defence, such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward. (2) No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees. (3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis-representation, claim or defence as is referred to in sub-section (1). (4) Any amount awarded by way of compensation under this section in respect of any misrepresentation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim or defence.
Chapter 12: Claims Tribunals
Section 173: Appeals

(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than 1[one lakh] rupees.
Chapter 12: Claims Tribunals
Section 174: Recovery of money from insurer as arrear of land revenue

Where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.
Chapter 12: Claims Tribunals
Section 175: Bar on jurisdiction of Civil Courts

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court.
Chapter 13: Offences, Penalties and Procedure
Section 176: Power of State Government to make rules

A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:-- (a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed.
Chapter 13: Offences, Penalties and Procedure
Section 177: General provision for punishment of offences

Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.
Chapter 13: Offences, Penalties and Procedure
Section 177A: Penalty for contravention of regulations under section 118

1[177A. Penalty for contravention of regulations under section 118.--Whoever contravenes the regulations made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees.]
Chapter 13: Offences, Penalties and Procedure
Section 178: Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc

(1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees. Explanation.--In this section, "pass" and "ticket" have the meanings respectively assigned to them in section 124. (2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is-- (a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently,-- (i) fails or refuses to accept the fare when tendered, or (ii) fails or refuses to supply a ticket, or (iii) supplies an invalid ticket, or (iv) supplies a ticket of a lesser value, or (b) to check any pass or ticket, either wilfully or negligently fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees.
Chapter 13: Offences, Penalties and Procedure
Section 178: Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc

ny pass or ticket, either wilfully or negligently fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees. (3) If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,-- (a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and (b) in any other case, be punishable with fine which may extend to 1[five hundred rupees]
Chapter 13: Offences, Penalties and Procedure
Section 179: Disobedience of orders, obstruction and refusal of information

(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to 1[two thousand rupees]. (2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he known to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 1[two thousand rupees], or with both.
Chapter 13: Offences, Penalties and Procedure
Section 180: Allowing unauthorised persons to drive vehicles

Whenever, being the owner or person in charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of five thousand rupees], or with both.
Chapter 13: Offences, Penalties and Procedure
Section 181: Driving vehicles in contravention of section 3 or section 4

Whoever, drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of five thousand rupees], or with both.
Chapter 13: Offences, Penalties and Procedure
Section 182: Offences relating to licences

(1) Whoever, being disqualified under this Act for holding or obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine 1[of ten thousand rupees] or with both, and any driving incence so obtained by him shall be of no effect. (2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a conductor’s licence without disclosing the endorsements made on a conductor’s licence previously held by him, shall be punishable with improsonment for a term which may extend to one month, or with fine which may extend to 2[ten thousand rupees], or with both, and any conductor’s licence so obtained by him shall be of no effect.
Chapter 13: Offences, Penalties and Procedure
Section 182A: Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components

1[182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components.-- (1) Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both: Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder. (2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both.
Chapter 13: Offences, Penalties and Procedure
Section 182A: Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components

shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both. (3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both. (4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both.]
Chapter 13: Offences, Penalties and Procedure
Section 182B: Punishment for contravention of section 62A

1[182B. Punishment for contravention of section 62A.--Whoever contravenes the provisions of section 62A, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees.]
Chapter 13: Offences, Penalties and Procedure
Section 183: Driving at excessive speed, etc

(1) Whoever, drives 1[or causes any person who is employed by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable 2[in the following manner, namely:-- (i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206.] 3* * * * * (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical 4[or electronic] device.
Chapter 13: Offences, Penalties and Procedure
Section 183: Driving at excessive speed, etc

at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical 4[or electronic] device. (4) The publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under 5[sub-section (1)].
Chapter 13: Offences, Penalties and Procedure
Section 184: Driving dangerously

Whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public 1[or which causes a sense of alarm or distress to the occupants of the vehicle,other road users, and persons near roads,] having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term 2[which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both], and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine 3[of ten thousand rupees], or with both. 4[Explanation.-- For the purpose of this section,-- (a) jumping a red light; (b) violating a stop sign; (c) use of handheld communications devices while driving; (d) passing or overtaking other vehicles in a manner contrary to law; (e) driving against the authorised flow of traffic;
Chapter 13: Offences, Penalties and Procedure
Section 184: Driving dangerously

tions devices while driving; (d) passing or overtaking other vehicles in a manner contrary to law; (e) driving against the authorised flow of traffic; or (f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.]
Chapter 13: Offences, Penalties and Procedure
Section 185: Driving by a drunken person or by a person under the influence of drugs

Whoever, while driving, or attempting to drive, a motor vehicle,-- 1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 2[or in any other test including a laboratory test,] or] (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle. shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both. 6[Explanation.-- For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).]
Chapter 13: Offences, Penalties and Procedure
Section 186: Driving when mentally or phycically unfit to drive

Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to 1[one thousand rupees] and for a second or subsequent offence with fine which may extend to 2[two thousand rupees].
Chapter 13: Offences, Penalties and Procedure
Section 187: Punishment for offences relating to accident

Whoever fails to comply with the provisions of clause 1[(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with imprisonment for a term which may extend to 2[six months], or with fine 3[of five thousand rupees], or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to 4[one year], or with fine 5[of ten thousand rupees], or with both.
Chapter 13: Offences, Penalties and Procedure
Section 188: Punishment for abetment of certain offences

Whoever abets the commission of an offence under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence.
Chapter 13: Offences, Penalties and Procedure
Section 189: Racing and trials of speed

Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to 1[three months], or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.]
Chapter 13: Offences, Penalties and Procedure
Section 190: Using vehicle in unsafe condition

(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine 1[of one thousand five hundred rupees] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property]. (2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with 4[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with 5[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both].
Chapter 13: Offences, Penalties and Procedure
Section 190: Using vehicle in unsafe condition

subsequent offence with 5[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both]. (3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 6[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine 7[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both.
Chapter 13: Offences, Penalties and Procedure
Section 192: Using vehicle without registration

1[192. Using vehicle without registration.--(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may, for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.
Chapter 13: Offences, Penalties and Procedure
Section 192: Using vehicle without registration

e: Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 2[Explanation.--Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).]]
Chapter 13: Offences, Penalties and Procedure
Section 192A: Using vehicle without permit

1[192A. Using vehicle without permit-- (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with 2[imprisonment for a term which may extend to six months and] a fine 3[of ten thousand rupees] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than 4[six months] or with fine 5[of ten thousand rupees] or with both: Provided that the court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.]
Chapter 13: Offences, Penalties and Procedure
Section 192B: Offences relating to registration

1[192B. Offences relating to registration.--(1) Whoever, being the owner of a motor vehicle, fails to make an application for registration of such motor vehicle under sub-section (1) of section 41 shall be punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher. (2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher. (3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of the annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher.
Chapter 13: Offences, Penalties and Procedure
Section 192B: Offences relating to registration

o one year and with fine equal to ten times the amount of the annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher. (4) Whoever, being a dealer, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of annual road tax or twothird the lifetime tax of the motor vehicle, whichever is higher.]
Chapter 13: Offences, Penalties and Procedure
Section 193: Punishment of agents, canvassers and aggregators without proper authority

193. Punishment of 1[agents, canvassers and aggregators] without proper authority.--Whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine 2[of one thousand rupees] and for any second or subsequent offence with imprisonment which may extend to six months, or with fine 3[of two thousand rupees], or with both. 4[(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made there under shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees. (3) Whoever, while operating as an aggregator contravenes a condition of the licence granted under sub-section (1) of section 93, not designated by the State Government as a material condition, shall be punishable with fine of five thousand rupees.]
Chapter 13: Offences, Penalties and Procedure
Section 194: Driving vehicle exceeding permissible weight

1[(1) Whoever drivers a motor vehicle or causes or allows a motor vehicle to be drives in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with 2*** fine 3[of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load.] 4[Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] 4[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load: Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: