Motor Vehicles Act 1988

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MOTOR VEHICLES ACT 1988

An Act to consolidate and amend the law relating to motor vehicles. BE it enacted by Parliament in the Thirty-ninth Year of the
Republic of India as follows:--
CHAPTER I PRELIMINARY

1. Short title, extent and commencement, (1) This Act may be called the Motor Vehicles Act, 1988.

(2) It extends to the whole of India.

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

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

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

(2) "articulated vehicle" means a motor vehicle to which a semitrailer is attached;

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

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

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

(6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the person specified
therein to act as a conductor; --------------------------------------------------------------------- 1. 1. 1-7-1989, vide Notification No. S.O.
368(E), dated 22-5-1989, Gazette of India, Extra ordinary, 1989, Pt. II; Sec. 3(ii). 578

(7) "contract carriage" means a motor vehicle which carries a passenger or passenger or passengers for hire or reward and is engaged
under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned
therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this
behalf on a fixed or an agreed rate or sum-- (a) on a time basis, whether or not with reference to any route or distance; or (b) from
one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere
during the journey, and includes-- (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its
passengers;

(8) "dealer" includes a person who is engaged-- (a) in the manufacture of motor vehicles; or (b) in building bodies for attachment to
chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire- purchase of motor vehicle;

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

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

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

(12) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage;
(13) "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except
living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the
personal luggage of passengers travelling in the vehicle;

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

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

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

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

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

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

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

(21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor
or road-roller the unladen weight of any of which, does not exceed 7,500 kilograms;

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

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

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

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

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

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

(28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of 1
Subs. & ins. by Act. 580 propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body
has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for
use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not
exceeding thirty-five cubic centimetres;

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

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

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

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

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

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

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

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

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

(39) "semi-trailer" means a trailer drawn by a motor vehicle and so constructed that a part of it is super-imposed on, and a part of its
weight is borne by, the drawing vehicle; 581

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

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

(42) "State transport undertaking" means any undertaking providing road transport service, where such undertaking is carried on
by,-- (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the
Road Transport Corporations Act, 1950; (64 of 1950.) (iii) any municipality or any corporation or company owned or controlled by
the Central Government or one or more State Governments, or by the Central Government and one or more State Governments.
Explanation.--For the purposes of this clause, "road transport service" means a service of motor vehicles carrying passengers or
goods or both by road for hire or reward;

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

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

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

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

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

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

(49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle
rests,
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

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

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

4. Age limit in connection with driving of motor vehicles. (1) No person under the age of eighteen years shall drive a motor
vehicle in any public place: Provided that a motor cycle without gear may be driven in a public place by a person after attaining the
age of sixteen years.

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

(3) No learner's licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an
application unless he is eligible to drive that class of vehicle under this section. 3 and 4.

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

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

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

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

7. Restrictions on the granting of learner's licences for certain vehicles. (1) No person shall be granted a learner's licence-- (a) to
drive a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least
one year to drive a medium goods vehicle; (b) to drive a heavy passenger motor vehicle unless he has held a driving licence for at
least two years to drive a light motor vehicle or for at least one year to drive a medium passenger motor vehicle; 583 (c) to drive a
medium goods vehicle or a medium passenger motor vehicle unless he has held a driving licence for at least one year to drive a light
motor vehicle.

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

8. Grant of learner's licence. (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for
the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the
licensing authority having jurisdiction in the area-- (i) in which he ordinarily resides or carries on business, or (ii) in which the
school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate,
for the issue to him of a learner's licence.

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

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

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

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

(6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of
his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-
section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the
applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a
licence to drive a motor vehicle: 584 Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light
motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason
for the applicant's inability to apply to the appropriate licensing authority.

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

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

9. Grant of driving licence. (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence
may apply to the licensing authority having jurisdiction in the area-- (i) in which he ordinarily resides or carries on business, or (ii)
in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a
motor vehicle is situated, for the issue to him of a driving licence.

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

(3) No driving licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test of
competence to drive as may be prescribed by the Central Government: Provided that, where the application is for a driving licence
to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from the test of competence
prescribed under this sub-section, if the licensing authority is satisfied-- (a) (i) that the applicant has previously held a driving
licence and that the period between the date of expiry of that licence and the date of such application does not exceed five years; or
(ii) that the applicant holds or has previously held a driving licence issued under section 18; or (iii) that the applicant holds a driving
licence issued by a competent authority of any country outside India; and (b) that the applicant is not suffering from any disease or
disability which is likely to cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source of
danger to the public; and the licensing authority may for that purpose require the applicant to produce a medical certificate in the
same form and in the same manner as is referred to in sub-section (3) of section 8: 585 Provided further that where the application is
for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from
the test of competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate issued by an
automobile association recognised in this behalf by the State Government.

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

(5) Where the applicant does not pass to the satisfaction of the licensing authority the test of competence to drive under sub-section
(3), he shall not be qualified to re-appear for such test,-- (a) in the case of first three such tests, before a period of one month from
the date of last such test; and (b) in the case of such test after the first three tests, before a period of one year from the date of last
such test.

(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a
person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle
without gear.

(7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of
his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being
disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a
motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is
satisfied that there is good and sufficient reason for the applicant's inability to apply to the appropriate licensing authority: Provided
further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence,
unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence.

(8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he-- (a) is a habitual criminal
or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic
Drugs and Psychotropic Substances Act, 1985; (61 of 1985.) or (c) is a person whose licence to drive any motor vehicle has, at any
time earlier, been revoked, it may, for reasons to be recorded tin writing, make an order refusing to issue a driving licence to such
person and any person aggrieved by 586 an order made by a licensing authority under this sub-section may, within thirty days of the
receipt of the order, appeal to the prescribed authority.

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

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

(2) A learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle
of one or more of the following classes, namely:-- (a) motor cycle without gear; (b) motor cycle with gear; (c) invalid carriage; (d)
light motor vehicle; (e) medium goods vehicle; (f) medium passenger motor vehicle; (g) heavy goods vehicle; (h) heavy passenger
motor vehicle; (i) road-roller; (j) motor vehicle of a specified description.

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

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

. 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles. (1) The
Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or
establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith.
587

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:-- (a) licensing of such schools or establishments including grant, renewal and revocation of such
licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the particulars to
be contained therein; (d) fee to be paid with the application for such licences; (e) conditions subject to which such licences may be
granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such
licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting
instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any
motor vehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting
such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and
facilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person
imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the
services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction);
(m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the
driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be
issued and the requirements to be complied with for the purposes of issuing such certificates; (p) such other matters as may be
necessary to carry out the purposes of this section.

(3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt
generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments
imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. ]88
(4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before
the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued
under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act
within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is
accompanied by the prescribed fee, till the disposal of such application by the licensing authority.

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

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

(2) A driving licence issued or renewed under this Act shall,-- (a) in the case of a licence to drive a transport vehicle, be effective for
a period of three years; and (b) in the case of any other licence,-- (i) if the person obtaining the licence, either originally or on
renewal thereof, has not attained the age of forty years on the date of issue or, as the case may be, renewal thereof,-- (A) be effective
for a period of twenty years from the date of such issue or renewal; or (B) until the date on which such person attains the age of
forty years, whichever is earlier; (ii) if the person referred to in sub-clause (i) has attained the age of forty years on the date of issue
or, as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal: Provided that
every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from
such expiry.

15. Renewal of driving licences. (1) Any licensing authority may, on application made to it, renew a driving licence issued under
the provisions of this Act with effect from the date of its expiry: Provided that in any case where the application for the renewal of a
licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its
renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other
case the applicant has attained the age of forty years, the same shall be 589 accompanied by a medical certificate in the same form
and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far
as may be, apply in relation to every such case as they apply in relation to a learner's licence.

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

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

(4) Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee
payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in
sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made
under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time
specified in sub-section (3): Provided further that if the application is made more than five years after the driving licence has ceased
to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its
satisfaction the test of competence to drive referred to in sub-section (3) of section 9.

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

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

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

17. Orders refusing or revoking driving licences and appeals there-from. (1) Where a licensing authority refuses to issue any
learner's licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any
driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in
writing for such refusal or revocation. 590
(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal
to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an
opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

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

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

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

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

19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence. (1) If a licensing authority
is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he-- (a) is a habitual criminal or a habitual
drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and
Psychotropic Substances Act, 1985; (61 of 1985.) or (c) is using or has used a motor vehicle in the commission of a cognizable
offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to
the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or
misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed
by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests
referred to in the proviso to sub-section (3) of section 22; or (h) being a person under the age of eighteen years who has been granted
a learner's licence or a driving licence with the consent 591 in writing of the person having the care of the holder of the licence and
has ceased to be in such care, it may, for reasons to be recorded in writing, make an order-- (i) disqualifying that person for a
specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the
licence; or (ii) revoke any such licence.

(2) Where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the
licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,-- (a)
if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or
(b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by
which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which
issued the same, intimate the fact of revocation to the authority which issued that licence: Provided that where the driving licence of
a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1),
disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the
disqualification upon the driving licence and return the same to the holder.

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

20. Power of Court to disqualify. (1) Where a person is convicted of an offence under this Act or of an offence in the commission
of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in
addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as
the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or
description of such vehicles, as are specified in such licence: Provided that in respect of an offence punishable under section 183 no
such order shall be made for the first or second offence.

(2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the
Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable
to clause (c) of sub-section 592 (1) of section 132 or section 134, such disqualification shall be for a period of not less than one
month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months.
(3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a
person-- (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable
under that section, (b) who is convicted of an offence punishable under section 189, or (c) who is convicted of an offence punishable
under section 192: Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in
the case referred to in clause (b), two years or, in the case referred to in clause (c), one year.

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

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

21. Suspension of driving licence in certain cases. (1) Where, in relation to a person who had been previously convicted of an
offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such
dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or
grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor
vehicle become suspended-- (a) for a period of six months from the date on which the case is registered, or (b) if such person is
discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.

(2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer,
by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take
cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon
and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. 593

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

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

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

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

(3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse
the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the
licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the
case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application
made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the
period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last
renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same
form and in the same manner as is referred to in sub-section (3) of section 8.

(4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person
holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor
vehicles so long as the cancellation or suspension of the driving licence remains in force.
23. Effect of disqualification order. (1) A person in respect of whom any disqualification order is made under section 19 or section
20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the
driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period.

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

(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the
date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or
authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: Provided
that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application
thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal.

24. Endorsement. (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the
driving licence if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence
in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of
disqualification made under sub-section (3) of section 23 shall be similarly so endorsed.

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

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

(4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months
the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the
prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last
renewed.

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

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

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

(2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by
which the endorsement is to be made, then-- (a) if the person in respect of whom the endorsement is to be made is at the time the
holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the
Court or authority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he
shall within five days after obtaining the driving licence produce it to the Court or authority, and if the driving licence is not
produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of
endorsement.

(3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no
further endorsement has been made against him, be entitled on surrendering his driving licence free from all endorsements: Provided
that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be
entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement:
Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person
was disqualified for holding or obtaining a driving licence shall be excluded.

26. Maintenance of State Registers of Driving Licences. (1) Each State Government shall maintain, in such form as may be
prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving
licences issued and renewed by the licensing authorities of the State Government, containing the following particulars, namely:-- (a)
names and addresses of holders of driving licences; (b) licence numbers; (c) dates of issue or renewal of licences; (d) dates of expiry
of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the Central Government may
prescribe.

(2) Each State Government shall supply to the Central Government a printed copy of the State Register of Driving Licences and
shall inform the Central Government without delay of all additions to and other amendments in such register made from time to
time. 596

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

27. Power of Central Government to make rules. The Central Government may make rules-- (a) regarding conditions referred to
in sub-section (2) of section 3; (b) providing for the form in which the application for learner's licence may be made, the information
it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for
the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in
sub-section (5) of section 8; (e) providing for the form in which the application for driving licence may be made, the information it
shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the
particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; (g) specifying the minimum educational
qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such
qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section
(1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and
documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9
shall apply to an application made under section 11; (k) providing for the form and contents of the application referred to in sub-
section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the
authority to grant licences under sub- section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8,
sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner's licences, and for the grant and
renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in
driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; (o) specifying the
offences under this Act for the purposes of sub-section (2) of section 24; (p) to provide for all or any of the matters referred to in
sub-section (1) of section 26; 597 (q) any other matter which is, or has to be, prescribed by the Central Government.

28. Power of State Government to make rules. (1) A State Government may make rules for the purpose of carrying into effect the
provisions of this Chapter other than the matters specified in section (2) Without prejudice to the generality of the foregoing power,
such rules may provide for-- (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed
authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such
appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (c) the issue of duplicate licences
to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be
charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges;
(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons,
or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication
of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of
such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road-rollers from all or any of
the provisions of this Chapter or of the rules made thereunder; (j) the manner in which the State Register of Driving Licences shall
be maintained under section 26; (k) any other matter which is to be, or may be, prescribed.

CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES

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

(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage
performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month. 598

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

(2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed.
(3) Every application for a conductor's licence shall be accompanied by a medical certificate in such form as may be prescribed,
signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the
applicant.

(4) A conductor's licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed and shall
be effective throughout the State in which it is issued.

(5) The fee for a conductor's licence and for each renewal thereof shall be one-half of that for a driving licence.

31. Disqualifications for the grant of conductor's licence. (1) No person under the age of eighteen years shall hold, or be granted,
a conductor's licence. (2) The licensing authority may refuse to issue a conductor's licence-- (a) if the applicant does not possess the
minimum educational qualification; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act
as a conductor; and (c) if any previous conductor's licence held by the applicant was revoked.

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

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

(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal
to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an
opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 599

34. Power of licensing authority to disqualify. (1) If any licensing authority is of opinion that it is necessary to disqualify the
holder of a conductor's licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for
reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or
obtaining a conductor's licence: Provided that before disqualifying the holder of a licence, the licensing authority shall give the
person holding such licence a reasonable opportunity of being heard.

(2) Upon the issue of any such order, the holder of the conductor's licence shall forthwith surrender the licence to the authority
making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification
has expired or has been removed.

(3) Where the authority disqualifying the holder of a conductor's licence under this section is not the authority which issued the
licence, it shall intimate the fact of such disqualification to the authority which issued the same.

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

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

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

36. Certain provisions of Chapter II to apply to conductor's licence. The provisions of sub-section (2) of section 6, sections 14,
15 and 23, sub-section (1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductor's licence, as they
apply in relation to a driving licence.
37. Savings. If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is
effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement,
for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a
licence issued under this 600 Chapter as if this Chapter had been in force on the date on which that licence was granted.

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

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the appointment, jurisdiction,
control and functions of licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which
drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be
exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their
duties and functions and the conduct of persons to whom conductor's licences are issued; (d) the form of application for conductor's
licences or for renewal of such licences and the particulars it may contain; (e) the form in which conductor's licences may be issued
or renewed and the particulars it may contain; (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the
replacement of photographs which have become obsolete and the fees to be charged therefor; (g) the conduct and hearing of appeals
that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no
fee so fixed shall exceed twenty-five rupees; (h) the badges and uniform to be worn by conductors of stage carriages and the fees to
be paid in respect of such badges; (i) the grant of the certificates referred to in sub-section

(3) of section 30 by registered medical practitioners and the form of such certificates; (j) the conditions subject to which, and the
extent to which, a conductor's licence issued in another State shall be effective in the State; (k) the communication of particulars of
conductor's licences from one authority to other authorities; and (l) any other matter which is to be, or may be, prescribed.

CHAPTER IV REGISTRATION OF MOTOR VEHICLES

39. Necessity for registration. No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the
vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the
certificate of registration of the vehicle has not 601 been suspended or cancelled and the vehicle carries a registration mark
displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer
subject to such conditions as may be prescribed by the Central Government.

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

41. Registration, how to be made. (1) An application by or on behalf of the owner of a motor vehicle for registration shall be in
such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may
be prescribed by the Central Government: Provided that where a motor vehicle is jointly owned by more persons than one, the
application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the
motor vehicle for the purposes of this Act.

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

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

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

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

(6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the
registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to
the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor
vehicle in such form and in such manner as may be prescribed by the Central Government.
(7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a
motor vehicle, other than a transport vehicle, shall, subject to the provisions contained in this Act, be valid only for a period of
fifteen years from the date of issue of such certificate and shall be renewable.

(8) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of
registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by
the Central Government. 602

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

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

(11) If the owner fails to make an application under sub-section

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

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

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

(14) An application for the issue of a duplicate certificate of registration shall be made to the original registering authority in such
form, containing such particulars and information along with such fee as may be prescribed by the Central Government. etc.

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

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

(3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular
officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the
certificates of registration 603 of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to
the owners of the vehicles and the special registration marks to be assigned to such vehicles.

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

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

(2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:
Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a
workshop beyond the said period of one month for being fitted with a body, the period may, on payment of such fees, if any, as may
be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case
may be, may allow.
44. Production of vehicle at the time of registration. The registering authority shall before proceeding to register a motor vehicle
or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for
registration of the vehicle or, as the case may be, for renewing the certificate of registration to produce the vehicle either before
itself or such authority as the State Government may by order appoint in order that the registering authority may satisfy itself that
the particulars contained in the application are true and that the vehicle complies with the requirements of this Act and of the rules
made thereunder.

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

46. Effectiveness in India of registration. Subject to the provisions of section 47, a motor vehicle registered in accordance with
this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under
this Act in respect of such vehicle shall be effective throughout India. 604

47. Assignment of new registration mark on removal to another State. (1) When a motor vehicle registered in one State has
been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such
form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose
jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that
registering authority: Provided that an application under this sub-section shall be accompanied-- (i) by the no objection certificate
obtained under section 48, or (ii) in a case where no such certificate has been obtained, by-- (a) the receipt obtained under sub-
section (2) of section 48; or (b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this
behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that
he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any
direction subject to which such certificate may be granted: Provided further that, in a case where a motor vehicle is held under a
hire-purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection
certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be,
regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply.

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

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

(4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State,
which is 605 brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information
with respect to the motor vehicle and its registration as may be prescribed.

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

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

(7) For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay
on the part of the owner in making an application under sub-section (1).
48. No objection certificate. (1) The owner of a motor vehicle when applying for the assignment of a new registration mark under
sub- section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its
registration, the transferor of such vehicle when reporting the transfer under sub- section (1) of section 50, shall make an application
in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle
was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the
registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the
particulars of the transfer of ownership in the certificate of registration.

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

(3) On receipt of an application under sub-section (1), the registering authority may, after making such inquiry and requiring the
applicant to comply with such directions as it deems fit and within thirty days of the receipt thereof, by order in writing,
communicate to the applicant that it has granted or refused to grant the no objection certificate: Provided that a registering authority
shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same
has been communicated to the applicant.

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

(5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the
police 606 that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the
amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other
factors as may be prescribed by the Central Government.

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

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

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

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

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

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

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

50. Transfer of ownership. (1) Where the ownership of any motor vehicle registered under this Chapter is transferred,-- (a) the
transferor shall,-- (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of
transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering
authority within whose jurisdiction the transfer is to be effected and 607 shall simultaneously send a copy of the said report to the
transferee; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the
registering authority referred to in sub-clause (i)-- (A) the no objection certificate obtained under section 48; or (B) in a case where
no such certificate has been obtained,-- (I) the receipt obtained under sub-section (2) of section 48; or (II) the postal
acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to
the registering authority referred to in section 48, together with a declaration that he has not received any communication from such
authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be
granted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose
jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the
certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from
the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.

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

(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in
clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-
section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the
registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person,
as the case may be, to pay, in lieu of any action that 608 may be taken against him under section 177 such amount not exceeding one
hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the
transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.

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

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

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

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

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

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

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

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

(5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner
has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default
of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of
registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as
he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of
registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue 609 a
fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement:
Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the
prescribed fee: Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport
vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in
force.

(6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the
issue of duplicate certificate of registration under sub- section (14) of section 41, or for the assignment of a new registration mark
under section 47, make an application to the person with whom the registered owner has entered into the said agreement (such
person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section
referred to as the certificate). Explanation.--For the purposes of this sub-section and sub- sections (8) and (9), "appropriate
authority" in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to
registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new
registration mark.

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

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

(9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment
of a new registration mark in respect of a vehicle which is held under the said agreement the appropriate authority may, subject to
the other provisions of this Act,-- (a) in a case where the financier has refused to issue the certificate applied for, after giving the
applicant an opportunity of being heard, either-- (i) renew or refuse to renew the permit, or 610 (ii) issue or refuse to issue the
duplicate certificate of registration, or (iii) assign or refuse to assign a new registration mark; (b) in any other case,-- (i) renew the
permit, or (ii) issue duplicate certificate of registration, or (iii) assign a new registration mark.

(10) A registering authority making an entry in the certificate of registration regarding-- (a) hire-purchase, lease or hypothecation
agreement of a motor vehicle, or (b) the cancellation under sub-section (3) of an entry, or (c) recording transfer of ownership of
motor vehicle, or (d) any alteration in a motor vehicle, or (e) suspension or cancellation of registration of a motor vehicle, or (f)
change of address, shall communicate to the financier that such entry has been made.

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

52. Alteration in motor vehicle. (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the
certificate of registration are no longer accurate, unless-- (a) he has given notice to the registering authority within whose
jurisdiction he has the residence or the place of business where the vehicle is normally kept, as the case may be of the alteration he
proposes to make; and (b) he has obtained the approval of that registering authority to make such alteration: Provided that it shall
not be necessary to obtain such approval, for making any change in the unladen weight of the motor vehicle consequent on the
addition or removal of fittings or accessories, if such change does not exceed two per cent. of the weight entered in the certificate of
registration.

(2) Where a registering authority receives a notice under sub- section (1), it shall, within seven days of the receipt thereof,
communicate, by post, to the owner of the vehicle its approval to the proposed alteration or otherwise: Provided that where the
owner of the motor vehicle has not received any such communication within the said period of seven days, the approval of such
authority to the proposed alteration shall be deemed to have been given. 611

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

(4) Where any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to
have been given under sub-section, (2) or by reason of replacement of its engine without such approval under sub-section (3), the
owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority
within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee
in order that particulars of the alteration may be entered therein.

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

53. Suspension of registration. (1) If any registering authority or other prescribed authority has reason to believe that any motor
vehicle within its jurisdiction-- (a) is in such a condition that its use in a public place would constitute a danger to the public, or that
it fails to comply with the requirements of this Act or of the rules made thereunder, or (b) has been, or is being, used for hire or
reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any
representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address
entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle--
(i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b),
for a period not exceeding four months.

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

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

(4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended
the certificate of registration of the vehicle under this section, surrender the certificate of registration. 612

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

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

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

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

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

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

(5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which
were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed
thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner
an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post
acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in writing cancel the
registration.
(6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate
such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate
of registration of the vehicle. 613

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

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

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

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

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

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

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

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

57. Appeals. (1) Any owner of a motor vehicle aggrieved by an order of refusal under section 45 to register a motor vehicle or to
renew to certificate of registration in respect of a motor vehicle (other than a transport vehicle) or under section 48 to issue a no
objection certificate or under section 50 to enter the particulars of the transfer of ownership in the certificate 614 of registration or
under sub-section (1) of section 56 to issue a certificate of fitness or by an order of suspension under section 53 or cancellation
under section 54 or section 55 or by an order of cancellation under sub-section (4) of section 56 may, within thirty days of the date
on which he has received notice of such order, appeal against the order to the prescribed authority.

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

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

(2) A registering authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and
shall also enter in the certificate of registration of the vehicle the following particulars, namely:-- (a) the unladen weight of the
vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the
registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of
passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the
vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.

(3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle
weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of
such vehicle and to the number, nature and size of the tyres attached to its wheels: Provided that where it appears to the Central
Government that heavier weights than those specified in the notification under sub- section (1) may be permitted in a particular
locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of
this sub-section shall apply with such modifications as may be specified in the order.

(4) When by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the gross
vehicle weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub-section
(3), the provisions of section 52 shall apply and the registering authority shall enter in the certificate of registration of the vehicle
revised registered weights which accord with the said sub-section. 615

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

59. Power to fix the age limit of motor vehicle. (1) The Central Government may, having regard to the public safety, convenience
and objects of this Act, by notification in the Offical Gazette, specify the life of a motor vehicle reckoned from the date of its
manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the
rules made thereunder: Provided that the Central Government may specify different ages for different classes or different types of
motor vehicles.

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

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

60. Registration of vehicles belonging to the Central Government.

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

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

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

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

(5) The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding
the 616 general nature, overall dimensions and axle weights of the vehicle as the State Government may at any time require.

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

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

(3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor
vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed
by the Central Government.
. 62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport
Authority. The State Government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by
the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify
in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have
been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period
within which such returns shall be made.

63. Maintenance of State Registers of Motor Vehicles. (1) Each State Government shall maintain in such form as may be
prescribed by the Central Government a register to be known as the State Register of Motor Vehicle, in respect of the motor vehicles
in that State, containing the following particulars, namely:-- (a) registration numbers; (b) years of manufacture; (c) classes and
types; (d) names and addresses of registered owners; and (e) such other particulars as may be prescribed by the Central Government.

(2) Each State Government shall supply to the Central Government a printed copy of the State Register of Motor Vehicles and shall
also inform the Central Government without delay of all additions to and other amendments in such register made from time to time.

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

64. 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 period within which and the form in which an application shall be made and the documents,
particulars and information it shall accompany under sub-section (1) of section 41; 617 (b) the form in which the certificate of
registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-
section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the
records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the
registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and
shown; (e) the period within which and the form in which the application shall be made and the particulars and information it shall
contain under sub-section (8) of section 41; (f) the form in which the application referred to in sub- section (14) of section 41 shall
be made, the particulars and information it shall contain and the fee to be charged; (g) the form in which the period within which the
application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and
the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of
receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no
objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under
sub-section (1) of section 49 and the documents to be submitted along with the application; (k) the form in which and the manner in
which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section
50 and the document to be submitted along with the application; (L) the form in which the application under sub-section (2) or sub-
section (3) of section 51 shall be made; (m) the form in which the certificate of fitness shall be issued under sub-section (1) of
section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed
under section 56 shall be effective; (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for
making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect
of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration
marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 618 (p) any other matter which is to be,
or may be, prescribed by the Central Government.

CHAPTER X LIABILITY WITHOUT FAULT IN CERTAIN CASES

140. Liability to pay compensation in certain cases on the principle of no fault. (1) Where death or permanent disablement of
any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall,
or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death
or disablement in accordance with the provisions of this section.

(2) The amount of compensation which shall be payable under sub- section (1) in respect of the death of any person shall be a fixed
sum of twenty-five thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent
disablement of any person shall be a fixed sum of twelve thousand rupees.

(3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or
permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or
owners of the vehicle or vehicles concerned or of any other person.

(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the
person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation
recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the
responsibility for such death or permanent disablement. 663

.141. Provisions as to other right to claim compensation for death or permanent disablement. (1) The right to claim
compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to any other right
(hereafter in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other
provision of this Act or of any other law for the time being in force.

(2) A claim for compensation under section 140 in respect of death or permanent disablement of any person shall be disposed of as
expeditiously as possible and where compensation is claimed in respect of such death or permanent disablement under section 140
and also in pursuance of any right on the principle of fault, the claim for compensation under section 140 shall be disposed of as
aforesaid in the first place.

(3) Notwithstanding anything contained in sub-section (1), where in respect of the death or permanent disablement of any person,
the person liable to pay compensation under section 140 is also liable to pay compensation in accordance with the right on the
principle of fault, the person so liable shall pay the first-mentioned compensation and-- (a) if the amount of the first-mentioned
compensation is less than the amount of the second-mentioned compensation, he shall be liable to pay (in addition to the first-
mentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the
first-mentioned compensation; (b) if the amount of the first-mentioned compensation is equal to or more than the amount of the
second-mentioned compensation, he shall not be liable to pay the second-mentioned compensation.

142. Permanent disablement. For the purposes of this Chapter, permanent disablement of a person shall be deemed to have
resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the
accident, any injury or injuries involving-- (a) permanent privation of the sight of either eye or the hearing of either ear, or privation
of any member or joint; or (b) destruction or permanent impairing of the powers of any member or joint; or (c) permanent
disfiguration of the head or face.

143. Applicability of Chapter to certain claims under Act 8 of 1923. The provisions of this Chapter shall also apply in relation to
any claim for compensation in respect of death or permanent disablement of any person under the Workmen's Compensation Act,
1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the said provisions
shall, with necessary modifications, be deemed to form part of that Act.

144. Overriding effect. The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision
of this Act or of any other law for the time being in force.

CHAPTER XII CLAIMS TRIBUNALS

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
section

(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.

(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.

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: 677 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.

(2) Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the
accident occurred, and shall be in such form and shall contain such particulars as may be prescribed: Provided that where any claim
for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect
immediately before the signature of the applicant.

(3) No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:
Provided that the Claims Tribunal may entertain the application after the expiry of the said period of six months but not later than
twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

(4) Where a police officer has filed a copy of the report regarding an accident to a Claims Tribunal under this Act, the Claims
Tribunal may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act.

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.

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 section 162
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: Provided that where
such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person,
such claim and any other claim (whether made in such application or otherwise) for compensatin in respect of such death or
permanent disablement shall be disposed of in accordance with the provisions of Chapter X.

(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. 678

(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.

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.

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 section 149, 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.
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.

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, 679 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 mis-representation, 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.

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 ten thousand rupees.

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.

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.

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; 680 (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 XIII OFFENCES, PENALTIES AND PROCEDURE

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. the
part of conductor and refusal to ply contract carriage,etc. 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.

(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 681 (b) in any other case, be punishable with fine which
may extend to two hundred rupees.

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 five hundred rupees.

(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives
information which he knows 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 five hundred rupees,
or with both.

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 which may extend to one thousand rupees, or with
both.

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 which may extend to five
hundred rupees, or with both.

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 which may extend to five hundred 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 one hundred rupees, or with both, and any conductor's licence so obtained by him shall be of no effect. 682

183. Driving at excessive speed, etc. (1) Whoever, drives a motor vehicle in contravention of the speed limits referred to in section
112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence
under this sub-section is again convicted of an offence under this sub- section, with fine which may extend to one thousand rupees.

(2) Whoever, causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in
contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees,
or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section,
with fine which may extend to five hundred rupees.

(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 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
sub- section (2)

184. Driving dangerously. Whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public, 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 which may extend to sic months, or with fine which may extend to one thousand rupees,
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 which may extend to two thousand rupees, or with both.

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,-- (a) has, in his blood, alcohol in any quantity, howsoever small the quantity may be, 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 which may extend to two thousand rupees, or with both; and
for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with
imprisonment for term which may 683 extend to two years, or with fine which may extend to three thousand rupees, or with both.
Explanation.--For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification
in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

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 two hundred rupees and for a second or subsequent
offence with fine which may extend to five hundred rupees.

187. Punishment for offences relating to accident. Whoever fails to comply with the provisions of clause (c) of sub-section (1) of
section 132 or of section 133 or section 134 shall be punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to five hundred 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 six months, or
with fine which may extend to one thousand rupees, or with both.

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.

189. Racing and trails 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 six months, or with fine which may extend to five hundred rupees, or with both.

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 which may extend to two hundred and fifty 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
which may extend to one thousand rupees, or with both.

(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 a fine of one
thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.

(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 which may extend to three thousand rupees, or with 684 imprisonment for a term which may extend
to one year, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with
imprisonment for a term which may extend to three years, or with both.

191. Sale of vehicle in or alteration of vehicle to condition contravening this Act. Whoever being an importer of or dealer in
motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or traller in such condition that the use thereof in a public
place would be in contravention of Chapter VII or any rule made thereunder or alters the motor vehicle or trailer so as to render its
condition such that its use in a public place would be in contravention of Chapter VII or any rule made thereunder shall be
punishable with fine which may extend to five hundred rupees: Provided that no person shall be convicted under this section if he
proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a
condition in which it might lawfully be so used.

192. Using vehicle without registration or permit. (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be
used in contravention of the provisions of section 39 or without the permit required by sub-section (1) of section 66 or in
contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the
vehicle may be used or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle,
shall be punishable for the first offence with fine which may extend to two thousand rupees and for any second or subsequent
offence with imprisonment which may extend to six months or with fine which may extend to three thousand rupees, or with both.

(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 such use to the Regional Transport Authority within
seven days from such use.

(3) Where a person is convicted of an offence under this section the Court by which such person is convicted may, in addition to any
sentence which may be passed under sub-section (1) by order:-- (a) if the vehicle used in the commission of the offence is a motor
car, suspend its certificate of registration for a period not exceeding four months; (b) if the vehicle used in the commission of the
offence is a transport vehicle, suspend its permit for a period not exceeding six months or cancel it.

(4) 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 of suspension or cancellation made under sub-section (3) by the Court below and the Court, to which appeals
ordinarily lie from the Court below, may set aside or vary any such order of 685 suspension or cancelation made by the Court
below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

193. Punishment of agents and canvassers 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
which may extend to one thousand rupees and for any second or subsequent offence with imprisonment which may extend to six
months, or with fine which may extend to two thousand rupees, or with both.

194. Driving vehicle exceeding permissible weight. (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be
driven in contravention of the provisions of section 113 or of the conditions prescribed under that section or in contravention of any
prohibition or restriction imposed under section 113 or section 115 shall be punishable for the first offence with fine which may
extend to two thousand rupees, and for any second or subsesquent offence with fine which may extend to five thousand rupees.

(2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer
authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be
punishable with fine which may extend to three thousand rupees.

195. Imposition of minimum fine under certain circumstances. (1) Whoever having been convicted of an offence under this Act
or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of
the previous offence, no court shall, except for reasons to be recorded by it in writing, impose on him a fine of less than one-fourth
of the maximum amount of the fine impossible for such offence.

(2) Nothing in sub-section (1) shall be construed as restricting the power of the court from awarding such imprisonment as it
considers necessary in the circumstances of the case not exceeding the maximum specified in this Act in respect of that offence.

196. Driving uninsured vehicle. Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention
of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may
extend to one thousand rupees, or with both.

197. Taking vehicle without authority. (1) Whoever takes and drives away any motor vehicle without having either the consent of
the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine
which may extend to five hundred rupees, or with both. Provided that no person shall be convicted under this section if the Court is
satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would
in the circumstances of the case have given his consent if he had been asked therefor. 686

(2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor
vehicle, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred
rupees, or with both.

(3) Whoever attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or
abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) or, as the case may
be, sub-section (2).
198. Unauthorised interference with vehicle. Whoever otherwise than with lawful authority or reasonable execuse enters or
mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable
with fine which may extend to one hundred rupees.

199. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who at the time
the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company,
as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished
accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if
he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and
it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation--For the purposes of
this section-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in
relation to a firm, means a partner in the firm.

200. Composition of certain offences. (1) Any offence whether committed before or after the commencement of this Act
punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of
section 183, section 184, section 186, section 189, section 191, section 192, section 194, section 196 or section 198 may either
before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State
Government may, by notification in the Official Gazette, specify in this behalf.

(2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further
proceedings shall be taken against him in respect of such offence. 687

201. Penalty for causing obstruction to free flow of traffic. (1) Whoever keeps a disabled vehicle on any public place, in such a
manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it
remains in that position: Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion
of inspection formalities under the law.

(2) The penalties under this section shall be recoverable by the prescribed officers or authorities.

202. Power to arrest without warrant. (1) A police officer in uniform may arrest without warrant any person who in his presence
commits an offence punishable under section 184 or section 185 or section 197: Provided that any person so arrested in connection
with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to
in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody.

(2) A police officer in uniform may arrest without warrant:-- (a) any person who being required under the provisions of this Act to
give his name and address refuses to do so, or gives a name or address which the police officer has reason to believe to be false, or
(b) any person concerned in an offence under this Act or reasonably suspected in have been so concerned if the police officer has
reason to believe that he will abscond or otherwise avoid the service of a summons.

(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be
taken any steps he may consider proper for the temporary disposal of the vehicle.

203. Breath tests. (1) A police officer in uniform may require any person driving or attempting to drive a motor vehicle in a public
place to provide one or more specimens of breath for breath test there or nearby, if the police officer has any reasonable cause to
suspect him of having committed an offence punishable under section 185: Provided that no requirement for breath test shall be
made unless it is made as soon as reasonably practicable after the commission of such offence.

(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect
that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under
the influence of a 688 drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen
of his breath for a breath test:-- (a) in the case of a person who is at a hopsital as an indoor patient, at the hospital, (b) in the case of
any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station
specified by the police officer: Provided that a person shall not be required to provide such a specimen while at a hospital as an
indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the
requirement or objects to the provision of a specimen on the ground that its provision or the requirement to provide it would be
prejudicial to the proper care or treatment of the patient.

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

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

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

(6) The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence. Explanation.--For
the purposes of this section, "breath test", means a test for the purpose of obtaining an indication of the presence of alcohol in a
person's blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved by
the Central Government, by notification in the Official Gazette, for the purpose of such a test.

204. Laboratory test. (1) A person, who has been arrested under section 203 may, while at a police station, be required by a police
officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a
Laboratory test,-- (a) it appears to the police officer that the device, by means of which breath test was taken in relation to such
person, indicates the presence of alcohol in the blood of such person, or (b) such person, when given the opportunity to submit to a
breath test, has refused, omitted or failed to do so: 689 Provided that where the person required to provide such specimen is a female
and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken
only in the presence of a female, whether a medical practitioner or not.

(2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his
blood for a laboratory test:-- (a) if it appears to the police officer that the device by means of which test is carried out in relation to
the breath of such person indicates the presence of alcohol in the blood of such person, or (b) if the person having been required,
whether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a
police officer has reasonable cause to suspect him of having alcohol in his blood: Provided that a person shall not be required to
provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge
of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground
that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.

(3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence. Explanation.--For the purposes
of this section, "laboratory test" means the analysis of a specimen of blood made at a laboratory established, maintained or
recognised by the Central Government or a State Government.

205. Presumption of unfitness to drive. In any proceeding for an offence punishable under section 185 if it is proved that the
accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or
providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure
may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the
prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.

206. Power of police officer to impound document. (1) Any police officer or other person authorised in this behalf by the State
Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit,
certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor
vehicle is a false document within the meaning of section 464 of the Indian Penal Code, (45 of 1860.) seize the mark or document
and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or
document.

(2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the
driver of a 690 motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a
summons, seize any licence held by such driver and forward it ito the Court taking cognizance of the offence and the said Court
shall on the first appearance of such driver before it, return the licence to him in exchange for the temporary acknowledgment given
under sub-section (3).
(3) A police officer or other person seizing a licence under sub- section (2) shall give to the person surrendering the licence a
temporary acknowledgment therefor and such acknowledgment shall authorise the holder to drive until the licence has been returned
to him or until such date as may be specified by the police officer or other person in the acknowledgment, whichever is earlier:
Provided that if any magistrate, police officer or other person authorised by the State Government in this behalf is, on an application
made to him, satisfied that the licence cannot be, or has not been, returned to the holder thereof before the date specified in the
acknowledgment for any reason for which the holder is not responsible, the magistrate, police officer or other person, as the case
may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgment. etc.

207. Power to detain vehicles used without certificate of registration permit, etc. (1) Any police officer or other person
authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in
contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66
or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the
vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps
he may consider proper for the temporary safe custody of the vehicle: Provided that where any such officer or person has reason to
believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by
sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue
an acknowledgment in respect thereof.

(2) Where a motor vehicle has been seized and detained under sub- section (1), the owner or person in charge of the motor vehicle
may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant
documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the
vehicle subject to such conditions as the authority or officer may deem fit to impose.

208. Summary disposal of cases. (1) The Court taking cognizance of any offence (other than an offence which the Central
Government may by rules specify in this behalf) under this Act,-- (i) may, if the offence is an offence punishable with imprisonment
under this Act; and 691 (ii) shall, in any other case, state upon the summons to be served on the accused person that he-- (a) may
appear by pleader or in person; or (b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit
to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may
specify, and the plea of guilt indicated in the money order coupon itself: Provided that the Court shall, in the case of any of the
offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the
manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea.

(2) Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for
the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to
the Court with the letter containing his plea, make an endorsement of such conviction on his driving licence.

(3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or
as the case may be, sub-sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he
be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by
reason of his having pleaded guilty.

209. Restriction on conviction. No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted
unless-- (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into
consideration, or (b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the
time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as
the owner of the vehicle at the time of the commission of the offence, or (c) within twenty-eight days of the commission of the
offence, a summons for the offence was served on him: Provided that nothing, in this section shall apply where the Court is satisfied
that-- (a) the failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and
address of the accused nor the name and address of the registered owner of 692 the vehicle could with reasonable diligence have
been ascertained in time, or (b) such failure was brought about by the conduct of the accused.

210. Courts to send intimation about conviction. Every Court by which any person holding a driving licence is convicted of an
offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to-- (a) the
licensing authority which issued the driving licence, and (b) the licensing authority by whom the licence was last renewed, and
every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal
of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed.

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