THE=20 MOTOR VEHICLES ACT,=20 1988

[14th October,=20 1988.]

 An Act to = consolidate and=20 amend the law relating to motor = vehicles.

 BE it = enacted by=20 Parliament in the Thirty-ninth Year of the = Republic of=20 India as follows :--

 1.Short title, = extend and=20 commencement.- (1) This Act may be called = the Motor=20 Vehicles Act, 1988.

(2) It extends = to the whole=20 of India.

(3) It shall = come into force=20 on such date {1-7-1989; vide = Notification=20 No.S.O.368(E), dated=20 22-5-1989, Gazette of India, = Extraordinary,=20 1989, Pt.II; Sec.3(ii).} as = the=20 Central Government may, by notification in the = Official=20 Gazette, appoint; and different dates may be appointed = for=20 different States and any reference in this Act to the=20 commencement of this Act shall, in relation to a = State, be=20 construed as a reference to the coming into force of = this Act=20 in that State.

2.Definitions.- = In this Act,=20 unless the context otherwise = requires,--

(1) "area", in = relation to=20 any provision of this Act, means such area as the = State=20 Government may, having regard to the requirements of = that=20 provision, specify by notification in the Official=20 Gazette;

(2) "articulated = vehicle"=20 means a motor vehicle to which a semi-trailer = is=20 attached;

(3) "axle = weight" means in=20 relation to an axle of a vehicle the total weight = transmitted=20 by the several wheels attached to that axle to the = surface on=20 which the vehicle rests;

(4) "certificate = to=20 registration" means the certificate issued by a = competent=20 authority to the effect that a motor vehicle has been = duly=20 registered in accordance with the provisions of = Chapter=20 IV;

(5) "conductor", = in relation=20 to a stage carriage, means a person engaged in = collecting=20 fares from passengers, regulating their entrance into, = or exit=20 from, the stage carriage and performing such other = functions=20 as may be prescribed;

(6) "conductor's = licence"=20 means the licence issued by a competent authority = under=20 Chapter III authorising the person specified therein = to act as=20 a conductor3

(7) "contract = carriage"=20 means a motor vehicle which carries a passenger or = passengers=20 for hire or reward and is engaged under a contract, = whether=20 expressed or implied, for the use of such vehicle as a = whole=20 for the carriage of passengers mentioned therein and = entered=20 into by a person which a holder of a permit in = relation to=20 such vehicle or any person authorised by him in this = behalf on=20 a fixed or an agreed rate or sum--

(a) on a time = basis, whether=20 or not with reference to any route or distance; = or

(b) from one = point to=20 another,

and in either case, = without=20 stopping to pick up or set down passengers not = included in the=20 contract anywhere during the journey, and=20 includes--

(i) a maxicab;=20 and

(ii) a motor cab = notwithstanding that separate fares and charged for = its=20 passengers;

(8) "dealer" = includes a=20 person who is engaged--

(a) in the = manufacture of=20 motor vehicles; or

(b) in building = bodies for=20 attachment to chassis; or

(c) in the = repair of motor=20 vehicles; or

(d) in the = business of=20 hypothecation, leasing or hire-purchase of = motor=20 vehicle;

(9) "driver" = includes, in=20 relation to a motor vehicle which is drawn by another = motor=20 vehicle, the person who acts as a steersman of the = drawn=20 vehicle;

(10) "driving = licence" means=20 the licence issued by a competent authority under = Chapter II=20 authorising the person specified therein to drive, = otherwise=20 than as a learner, a motor vehicle or a motor vehicle = of any=20 specified class or description;

(11) = "educational=20 institution bus" means an omnibus, which is owned by a = college, school or other educational institution and = used=20 solely for the purpose of transporting students or = staff of=20 the educational institution in connection with any of = its=20 activities;

(12) "fares" = includes sums=20 payable for a season ticket or in respect of the hire = of a=20 contract carriage;

(13) "goods" = includes=20 live-stock, and anything (other than equipment=20 ordinarily used with the vehicle) carried by a vehicle = except=20 living persons, but does not include luggage or = personal=20 effects carried in a motor car or in a trailer = attached to a=20 motor car or the personal luggage of passengers = travelling in=20 the vehicle;

(14) "goods = carriage" means=20 any motor vehicle constructed or adapted for use = solely for=20 the carriage of goods, or any motor vehicle not so = constructed=20 or adapted when used for the carriage of = goods;

(15) "gross = vehicle weight"=20 means in respect of any vehicle the total weight of = the=20 vehicle and load certified and registered by the = registering=20 authority as permissible for that vehicle;

(16) "heavy = goods vehicle"=20 means any goods carriage the gross vehicle weight of = which, or=20 a tractor or a road-roller the unladen weight = of either=20 of which, exceeds 12,000 kilograms;

(17) "heavy = passenger motor=20 vehicle" means any public service vehicle or private = service=20 vehicle or educational institution bus or omnibus the = gross=20 vehicle weight of any of which, or a motor car the = unladen=20 weight of which, exceeds 12,000 kilograms;

(18) "invalid = carriage"=20 means a motor vehicle specially designed and = constructed, and=20 not merely, adapted, for the use of a person suffering = from=20 some physical defect or disability, and used solely by = or for=20 such a person;

(19) "learner's = licence"=20 means the licence issued by a competent authority = under=20 Chapter II authorising the person specified therein to = drive=20 as a learner, a motor vehicle or a motor vehicle of = any=20 specified class or description;

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

(21) "light = motor vehicle"=20 means a transport vehicle or omnibus the gross vehicle = weight=20 of either of which or a motor car or tractor or=20 road-roller the unladen weight of any of which, = does=20 not exceed 6,000 kilograms;

(22) "maxicab" = means any=20 motor vehicle constructed or adapted to carry more = than six=20 passengers, but not more than twelve passengers, = excluding the=20 driver, for hire or reward;

(23) "medium = goods vehicle"=20 means any goods carriage other than a light motor = vehicle or a=20 heavy goods vehicle;

(24) "medium = passenger motor=20 vehicle" means any public service vehicle or private = service=20 vehicle, or educational institution bus other than a = motor=20 cycle, invalid carriage, light motor vehicle or heavy=20 passenger motor vehicle;

(25) "motorcab" = means any=20 motor vehicle constructed or adapted to carry not more = than=20 six passengers excluding the driving for hire or=20 reward;

(26) "motor car" = means any=20 motor vehicle other than a transport vehicle, omnibus, = road-roller, tractor, motor cycle or invalid=20 carriage;

(27) "motor = cycle" means=20 two-wheeled motor vehicle, inclusive of any = detachable=20 side-car having an extra wheel, attached to the = motor=20 vehicle;

(28) "motor = vehicle" or=20 "vehicle" means any mechanically propelled vehicle = adapted for=20 use upon roads whether the power of propulsion is = transmitted=20 thereto from an external or internal source and = includes a=20 chassis to which a body has not been attached and a = trailer;=20 but does not include a vehicle running upon fixed = rails or a=20 vehicle of a special type adapted for use only in a = factory or=20 in any other enclosed premises or a vehicle having = less than=20 four wheels fitted with engine capacity of not = exceeding=20 thirty five cubic centimetres;

(29) "omnibus" = means any=20 motor vehicle constructed or adapted to carry more = than six=20 persons excluding the driving;

(30) "owner" = means a person=20 in whose name a motor vehicle stands registered, and = where=20 such person is a minor, the guardian of such minor, = and in=20 relation to a motor vehicle which is the subject of a=20 hire-purchase, agreement, or an agreement of = lease or=20 an agreement of hypothecation, the person in = possession of the=20 vehicle under that agreement;

(31) "permit" = means a permit=20 issued by a State or Regional Transport Authority or = an=20 authority prescribed in this behalf under this Act = authorising=20 the use of a motor vehicle as a transport = vehicle;

(32) = "prescribed" means=20 prescribed by rules made under this Act;

(33) "private = service=20 vehicle" means a motor vehicle constructed or adapted = to carry=20 more than six persons excluding the driving and = ordinarily=20 used by or on behalf of the owner of such vehicle for = the=20 purpose of carrying persons for, or in connection = with, his=20 trade or business otherwise than for hire or reward = but does=20 not include a motor vehicle used for public=20 purposes;

(34) "public = place" means a=20 road, street, way or other place, whether a = thoroughfare or=20 not, to which the public have a right of access, and = includes=20 any place or stand at which passengers are picked up = or set=20 down by a stage carriage;

(35) "public = service=20 vehicle" means any motor vehicle used or adapted to be = used=20 for the carriage of passengers for hire or reward, and = includes a maxicab, a motorcab, contract carriage, and = stage=20 carriage;

(36) "registered = axle=20 weight" means in respect of the axle of any vehicle, = the axle=20 weight certified and registered by the registering = authority=20 as permissible for that axle;

(37) = "registering authority"=20 means an authority empowered to register motor = vehicles under=20 Chapter IV;

(38) "route" = means a line of=20 travel which specifies the highway which way be = traversed by a=20 motor vehicle between one terminus and = another;

(39) = "semi-trailer"=20 means a trailer drawn by a motor vehicle and to = constructed=20 that a part of it is super-imposed on, and a = part of=20 its weight is borne by, the drawing = vehicle;

(40) "stage = carriage" means=20 a motor vehicle constructed or adapted to carry more = than six=20 passengers excluding the driving for hire or reward at = separate fares paid by or for individual passengers, = either=20 for the whole journey or for stages of the = journey;

(41) "State = Government" in=20 relation to a Union territory means the Administrator = thereof=20 appointed under article 239 of the = Constitution;

(42) "State = transport=20 undertaking" means any undertaking providing road = transport=20 service, where such undertaking is carried on=20 by,--

(i) the Central = Government=20 or a State Government ;

(ii) any Road = Transport=20 Corporation established under section 3 of the Road = Transport=20 Corporations Act, 1950 (64 of = 1950.);

(iii) any = municipality or=20 any corporation or company owned or controlled by the = Central=20 Government or one or more State Governments, or by the = Central=20 Government and one or more State=20 Governments.

Expanation.-- For the=20 purposes of this clause, "road transport vice" means a = service=20 of motor vehicles carrying passengers or goods or both = by road=20 for hire or reward;

(43) "tourist = vehicle" means=20 a contract carriage constructed or adapted and = equipped and=20 maintained in accordance with such specifications as = may be=20 prescribed in this behalf;

(44) "tractor" = means a motor=20 vehicle which is not itself constructed to carry any = load=20 (other than equipment used for the purpose of = propulsion) ;=20 but excludes a road-roller;

(45) "traffic = signs"=20 includes all signals, warning sign posts, direction = posts,=20 markings on the road or other devices for the = information,=20 guidance or direction of driving of motor = vehicles;

(46) "trailer" = means any=20 vehicle, other than a semi-trailer and a=20 side-car, drawn or intended to be drawn by a = motor=20 vehicle;

(47) "transport = vehicle"=20 means a public service vehicle, a goods carriage, an=20 educational institution bus or a private service=20 vehicle;

(48) "unladen = weight" means=20 the weight of a vehicle or trailer including all = equipment=20 ordinarily used with the vehicle or trailer when = working, but=20 excluding the weight of a driving or attendant; and = where=20 alternative parts or bodies are used the unladen = weight of the=20 vehicle means the weight of the vehicle with the = heaving such=20 alternative part or body ;

(49) "weight" = means the=20 total weigh transmitted for the time being by a wheels = of a=20 vehicle to the surface on which the vehicle=20 rests.

3.Necessity for = driving=20 licence.- (1) No person shall drive a motor = vehicle=20 in any public place unless he holds an effective = driving=20 licence issued to him authorising him to drive the = vehicle;=20 and no person shall so drive a transport vehicle [ = other than=20 a motor cab hired for his own use or rented under any = scheme=20 made under sub-section (2) of section 75 = ]=20 unless his driving licence specifically entitles him = so to=20 do.

(2) The = conditions subject=20 to which sub-section (1) shall not apply = to a=20 person receiving instructions in driving a motor = vehicle shall=20 be such as may be prescribed by the Central=20 Government.

4.Age limit in = connection with=20 driving of motor vehicles.- (1) No person = under the=20 age of eighteen years shall drive a motor vehicle in = any=20 public place :

Provided that a motor = cycle without=20 gear may be driven in a public place by a person after = attaining the age of sixteen years.

(2) Subject to = the=20 provisions of section 18, no person under the age of = twenty=20 years shall drive a transport vehicle in any public=20 place.

(3) No learner's = licence or=20 driving licence shall be issued to any person to drive = a=20 vehicle of the class to which he has made an = application=20 unless he is eligible to drive that class of vehicle = under=20 this section.

5.Responsibility of = owners of=20 motor vehicles for contravention of sections 3 and = 4.- No=20 owner or person in charge of a motor vehicle shall = cause or=20 permit any person who does not satisfy the provisions = of=20 section 3 or section 4 to drive the = vehicle.

6.Restriction on the = holding of=20 driving licences.- (1) No person shall, = while he=20 holds any driving licence for the time being in force, = hold=20 any other driving licence except a learner's licence = or a=20 driving licence issued in accordance with the = provisions of=20 section 18 or a document authorising, in accordance = with the=20 rules made under section 139, the person specified = therein to=20 drive a motor vehicle.

(2) No holder of = a driving=20 licence or a learner's licence shall permit it to be = used by=20 any other person.

(3) Nothing in = this section=20 shall prevent a licensing authority having the = jurisdiction=20 referred to in sub-section (1) of = section 9 from=20 adding to the classes of vehicles which the driving = licence=20 authorities the holder to drive.

7.Restrictions on = the granting=20 of learners licences for certain vehicles.- = (1) No=20 person shall be granted a learner's = licence.

"(1) No person = shall be=20 granted a learner's licence to drive a transport = vehicle=20 unless be has held a driving licence to drive a light = motor=20 vehicle for at least one year."

(b) to drive a = heavy=20 passenger motor vehicle unless he has held a driving = licence=20 for at least two years to drive a light motor vehicle = or for=20 at least one year to drive a medium passenger motor=20 vehicle;

(c) to drive a = medium goods=20 vehicle or a medium passenger motor vehicle unless he = has held=20 a driving licence for at least one year to drive a = light motor=20 vehicle.

(2) No person = under the age=20 of eighteen years shall be granted a learner's licence = to=20 drive a motor cycle without gear except with the = consent in=20 writing of the person having the care of the person = desiring=20 the learner's licence.

8.Grant of learners=20 licence.- (1) Any person who is not = disqualified=20 under section 4 for driving a motor vehicle and who is = not for=20 the time being disqualified for holding or obtaining a = driving=20 licence may, subject to the provisions of section 7, = apply to=20 the licensing authority having jurisdiction in the=20 area--

(i) in which he = ordinarily=20 resides or carries on business, or

(ii) in which = the school or=20 establishment referred to in section 12 from where he = intends=20 to receive instruction in driving a motor vehicle is=20 situate,

for the issue to him of = learner's=20 licence.

(2) Every = application under=20 sub-section (1) shall be in such form = and shall=20 be accompanied by such documents and with such fee as = may be=20 prescribed by the Central = Government.

(3) Every = application under=20 sub-section (1) shall be accompanied by = a=20 medical certificate in such form as may be prescribed = by the=20 Central Government and signed by such registered = medical=20 practitioner, as the State Government or any person = authorised=20 in this behalf by the State Government may, by = notification in=20 the Official Gazette, appoint for this=20 purpose.

(4) If, from the = application=20 or from the medical certificate referred to in=20 sub-section (3), in appears that the = applicant=20 is suffering from any disease or disability which is = likely to=20 cause the driving by him of a motor vehicle of the = class which=20 he would be authorised by the learner's licence = applied for to=20 drive to be a source of danger to the public or to the = passengers, the licensing authorities shall refuse to = issue=20 the learner's licence:

Provided that a = learner's licence=20 limited to driving an invalid carriage may be issued = to the=20 applicant, if the licensing authority is satisfied = that he is=20 fit to drive such a carriage.

(5) No learner's = licence=20 shall be issued to any applicant unless he passes to = the=20 satisfaction of the licensing authorities such test as = may be=20 prescribed by the Central = Government.

(6) When an = application has=20 been duly made to the appropriate licensing authority = and the=20 applicant has satisfied such authorities of his = physical=20 fitness under sub-section (3) and has = passed to=20 the satisfaction of the licensing authority the test = referred=20 to in sub-section (5), the licensing = authority=20 shall, subject to the provisions of section 7, issue = the=20 applicant a learner's licence unless the applicant is=20 disqualified under section 4 for driving a motor = vehicle or is=20 for the time being disqualified for holding or = obtaining a=20 licence to drive a motor vehicle:

Provided that a = licensing authority=20 may issue a learner's licence to drive a motor cycle = or a=20 light motor vehicle notwithstanding that it is not the = appropriate licensing authority, if such authority is=20 satisfied that there is good reason for the = appellant's=20 inability to apply to the appropriate licensing=20 authority.

(7) Where the = Central=20 Government is satisfied that it is necessary or = expedient so=20 to do, it may, by rules made in this behalf, exempt = generally,=20 either absolutely or subject to such conditions as may = be=20 specified in the rules, any class of persons from the=20 provisions of sub-section (3), or=20 sub-section (5), or = both.

(8) Any = learner's licence=20 for directed a motor cycle in force immediately before = the=20 commencement of this Act shall, after such = commencement, be=20 deemed to be effective for driving a motor cycle with = or=20 without gear.

9.Grant of driving = licence.-=20 (1) Any person who is not for the time being=20 disqualified for holding or obtaining a driving = licence may=20 apply to the licensing authorities having jurisdiction = in the=20 area--

(i) in which he = ordinarily=20 resides or carries on business, or

(ii) in which = the school or=20 establishment referred to in section 12 from where he = is=20 receiving or has received instruction in driving a = motor=20 vehicle is situated,

for the issue to him of = a driving=20 licence.

(2) Every = application under=20 sub-section (1) shall be in such form = and shall=20 be accompanied by such fee and such documents as may = be=20 prescribed by the Central = Government.

(3) No driving = licence shall=20 be issued to any applicant unless the passes to the=20 satisfaction of the licensing authority such test of=20 competence to drive as may be prescribed by the = Central=20 Government.

Provided that, where = the=20 application is for a driving licence to drive a motor = cycle or=20 a light motor vehicle, the licensing authority shall = exempt=20 the applicant from the test of competence prescribed = under=20 this sub-section, if the licensing authority is = satisfied--

(a) (i) = that the=20 applicant has previously held a driving licence and = that the=20 period between the date of expiry of that licence and = the date=20 of such application does not exceed five years; = or

(ii) that the = applicant=20 holds or has previously held a driving licence issued = under=20 section 18; or

(iii) that the = applicant=20 holds a driving licence issued by a competent = authority of any=20 country outside India; and

(b) that the = applicant is=20 not suffering from any disease or disability which is = likely=20 to cause the driving by him of a motor cycle or, as = the case=20 may be, a light motor vehicle to be a source of danger = to the=20 public; and the licensing authorities may for that = purpose=20 require the applicant to produce a medical certificate = in the=20 same form and in the same manner as is referred to in=20 sub-section (i) of section 8;

Provided further that = where the=20 application is for a driving licence to drive a motor = vehicle=20 (not being a transport vehicle), the licensing = authority may=20 exempt the applicant from the test of competence to = drive=20 prescribed under this sub-section, if the = applicant=20 possesses a driving certificate issued by an = automobile=20 association recognised in this behalf by the State=20 Government.

(4) Where the = application is=20 for a licence to drive a transport vehicle, no such=20 authorisation shall be granted to any applicant unless = he=20 possesses such minimum educational qualification as = may be=20 prescribed by the Central Government and a driving = certificate=20 issued by a school or establishment referred to in = section=20 12.

(5) Where the = applicant does=20 not pass to the satisfaction of the licensing = authority the=20 test of competence to drive under sub-section=20 (3), he shall not be qualified to = re-appear for=20 such test,--

(a) in the case = of first=20 three such tests, before a period of one month from = the date=20 of last test; and

(b) in the case = of such test=20 after the first three tests, before a period of one = year from=20 the date of last such test.

(6) The test of = competence=20 to drive shall be carried out in a vehicle of the type = to=20 which the application refers :

Provided that a person = who passed a=20 test in driving a motor cycle with gear shall be = deemed also=20 to have passed a test in driving a motor cycle without = gear.

(7) When any = application has=20 been duly made to the appropriate licensing authority = and the=20 applicant has satisfied such authority of his = competence to=20 drive, the licensing authority shall issue the = applicant a=20 driving licence unless the applicant is for the time = being=20 disqualified for holding or obtaining a driving = licence=20 :

Provided that a = licensing authority=20 may issue a driving licence to drive a motor cycle or = a light=20 motor vehicle notwithstanding that it is not the = appropriate=20 licensing authority, if the licensing authorities is = satisfied=20 that there is good and sufficient reason for the = applicant's=20 inability to apply to the appropriate licensing=20 authority:

Provided further that = the licensing=20 authority shall not issue a new driving licence to the = applicant, if he had previously held a driving = licence, unless=20 it is satisfied that there is good and sufficient = reason for=20 his inability to obtain a duplicate copy of his former = licence.

(8) If the = licence authority=20 is satisfied, after giving the applicant an = opportunity of=20 being heard, that he--

(a) is a = habitual criminal=20 or a habitual drunkard; or

(b) is a = habitual addict to=20 any narcotic drug or psychotropic substance within the = meaning=20 of the Narcotic Drugs and Psychotropic Substances Act, = 1985=20 (16 of 1985.); or

(c) is a person = whose=20 licence to drive any motor vehicle has, at any time = earlier,=20 been revoked.

it may, for reasons to = be recorded=20 in writing, make an order refusing to issue a driving = licence=20 to such person and any person aggrieved by an order = made by a=20 licensing authority under this sub-section may, = within=20 thirty days of the receipt of the order, appeal to the = prescribed authority.

(9) Any driving = licence for=20 driving a motor cycle in force immediately before the=20 commencement of this Act shall, after such = commencement, be=20 deemed to be effective for driving a motor cycle with = or=20 without gear.

10.Form and contents = of licence=20 to drive.- (1) Every learner's licence and = driving=20 licence, except a driving licence issued under section = 18,=20 shall be in such form and shall contain such = information as=20 may be prescribed by the Central = Government.

(2) A learner's = licence or,=20 as the case may be, driving licence shall also be = expressed as=20 entitling the holder to drive a motor vehicle of one = or more=20 of the following classes, namely :--

(a) motor cycle = without=20 gear;

(b) motor cycle = with=20 gear;

(c) invalid=20 carriage;

(d) light motor=20 vehicle;

(e) medium goods = vehicle;

(f) medium = passenger motor=20 vehicle;

(g) heavy goods=20 vehicle;

(h) heavy = passenger motor=20 vehicle;

(i)=20 road-roller;

(j) motor = vehicle of a=20 specified description.

11.Additions of driving = licence.-=20 (1) Any person holding a driving licence to = drive=20 any class or description of motor vehicles, who is not = for the=20 time being disqualified for holding or obtaining a = driving=20 licence to drive any other class or description of = motor=20 vehicles, may apply to the licensing authority having=20 jurisdiction in the area in which he resides or = carries on his=20 business in such form and accompanied by such = documents and=20 with such fees as may be prescribed by the Central = Government=20 for the addition of such other class or description of = motor=20 vehicles to the licence.

(2) Subject to = such rules as=20 may be prescribed by the Central Government, the = provisions of=20 section 9 shall apply to an application under this = section as=20 if the said application were for the grant of a = licence under=20 that section to drive the class or description of = motor=20 vehicles which the applicant desires to be added to = his=20 licence.

12.Licensing and = regulations of=20 school or establishments for imparting instruction in = driving=20 motor vehicles.- (1) The Central Government = may=20 make rules for the purpose of licensing and = regulating, by the=20 State Governments, schools or establishments (by = whatever name=20 called) for imparting instruction in driving of motor = vehicles=20 and matters connected therewith.

(2) In = particular, and=20 without prejudice to the generality of the foregoing = power,=20 such rules may provide for all or any of the following = matters, namely :--

(a) licensing of = such=20 schools or establishments including grant, renewal and = revocation of such licences;

(b) supervision = of such=20 schools or establishments;

(c) the form of = application=20 and the form of licence and the particulars to be = contained=20 therein;

(d) fee to be = paid with the=20 application for such licences;

(e) conditions = subject to=20 which such licences may be granted;

(f) appeals = against the=20 orders of refusal to grant or renew such licences and = appeals=20 against the orders revoking such licences;

(g) conditions = subject to=20 which a person may establish and maintain any such = school or=20 establishment for imparting instruction in driving of = motor=20 vehicles;

(h) nature, = syllabus and=20 duration of course or courses for efficient = instruction in=20 driving any motor vehicle;

(i) apparatus = and equipments=20 ( including motor vehicles fitted with dual control) = required=20 for the purpose of imparting such = instruction;

(j) suitability = of the=20 premises at which such schools or establishments may = be=20 established or maintained and facilities to be = provided=20 therein;

(k) = qualifications, both=20 educational and professional ( including experience), = which a=20 person imparting instruction in driving a motor = vehicle shall=20 possess;

(l) inspection = of such=20 schools and establishments ( including the services = rendered=20 by them and the apparatus, equipments and motor = vehicles=20 maintained by them for imparting such = instruction);

(m) maintenance = of records=20 by such schools or establishments;

(n) financial = stability of=20 such schools or establishments;

(o) the during = certificates,=20 if any, to be issued by such schools or establishments = and the=20 form in which such driving certificates shall be = issued and=20 the requirements to be complied with for the purposes = of=20 issuing such certificates;

(p) such other = matters as=20 may be necessary to carry out the purposes of this=20 section.

(3) Where the = Central=20 Government is satisfied that it is necessary or = expedient so=20 to do, it may, by rules made in this behalf, exempt = generally,=20 either absolutely or subject to such conditions as may = be=20 specified in the rules, any class of schools or = establishments=20 imparting instruction in driving of motor vehicles or = matters=20 connected therewith from the provisions of this=20 section.

(4) A school or=20 establishments imparting instruction in driving of = motor=20 vehicles or matters connected therewith immediately = before the=20 commencement of this Act whether under a licence or = not, may=20 continue to impart such instruction without a licence = issued=20 under this Act for a period of one month from such=20 commencement, and if it has made in application for = such=20 licence under this Act within the said period of one = month and=20 such application is in the prescribed form, contains = the=20 prescribed particulars, and is accompanied by the = prescribed=20 fee, till the disposal of such application by the = licensing=20 authority.

13.Extent of = effectiveness of=20 licences, to drive motor vehicles.- A learner's = licence or=20 a driving licence issued under this Act shall be = effective=20 throughout India.

14.Currency of = licences to drive=20 motor vehicles.- (1) A learner's licence = issued=20 under this Act shall, subject to the other provisions = of this=20 Act, be effective for a period of six months from the = date of=20 issue of the licence.

(2) A driving = licence issued=20 or renewed under this Act shall,--

(a) in the case = of a licence=20 to drive a transport vehicle, be effective for a = period of=20 three years; and

(b) in the case = of any other=20 licence,--

(i) if the = person obtaining=20 the licence, either originally or on renewal thereof, = has not=20 attained the age of forty years on the date of issue = or, as=20 the case may be, renewal thereof,--

(A) be effective = for a=20 period of twenty years from the date of such issue or = renewal;=20 or

(B) until the = date on which=20 such person attains the age of forty years,

whichever is = earlier;

(ii) if the = person referred=20 to in sub-clause (i) has attained the = age of=20 forty years on the date of issue or, as the case may = be,=20 renewal thereof, be effective for a period of five = years from=20 the date of such issue of renewal:

Provided that every = driving licence=20 shall, notwithstanding its expiry under this=20 sub-section, continue to be effective for a = period of=20 thirty days from such expiry.

15.Renewal of = driving=20 licences.- (1) Any licensing authority may, = on=20 application made to renew a driving licence issued = under the=20 provisions of this Act with effect from the date of = its=20 expiry.

Provided that in any = case where the=20 application for the renewal a licence is made more = than thirty=20 days after the date of its expiry, the driving licence = shall=20 be renewed with effect from the date of its=20 renewal:

Provided further that = where the=20 application is for the renewal of a licence to drive a = transport vehicle or where in any other case the = applicant has=20 attained the age of forty years, the same shall be = accompanied=20 by a medical certificate in the same form and in the = same=20 manner as is referred to in sub-section = (3) of=20 section 8, and the provisions of sub-section = (4)=20 of section 8 shall, so far as may be, apply in = relation to=20 every such case as they apply in relation to a = learner's=20 licence.

(2) An = application for the=20 renewal of a driving licence shall be made in such = form and=20 accompanied by such documents as may be prescribed by = the=20 Central Government.

(3) Where an = application for=20 the renewal of a driving licence is made previous to, = or not=20 more than thirty days after the date of its expiry, = the fee=20 payable for such renewal shall be such as may be = prescribed by=20 the Central Government in this = behalf.

(4) Where an = application for=20 the renewal of a driving licence is made more than = thirty days=20 after the date of its expiry, the fee payable for such = renewal=20 shall be such amount as may be prescribed by the = Central=20 Government:

Provided that the fee = referred to=20 in sub-section (3) may be accepted by = the=20 licensing authority in respect of an application for = the=20 renewal of a driving licence made under this=20 sub-section if its is satisfied that the = applicant was=20 prevented by good and sufficient cause from applying = within=20 the time specified in sub-section=20 (3):

Provided further that = if the=20 application is made more than five years after the = driving=20 licence has ceased to be effective, the licensing = authority=20 may refuse to renew the driving licence, unless the = applicant=20 undergoes and passes to its satisfaction the test of=20 competence to drive referred to in sub-section=20 (3) of section 9.

(5) Where the = application=20 for renewal has been rejected, the fee paid shall be = refunded=20 to such extent and in such manner as may be prescribed = by the=20 Central Government.

(6) Where the = authority=20 renewing the driving licence is not the authority = which issued=20 the driving licence it shall intimate the fact of = renewal to=20 the authority which issued the driving=20 licence.

16.Revocation of = driving licence=20 on grounds of disease or disability.- = Notwithstanding=20 anything contained in the foregoing sections, any = licensing=20 authority may at any time revoke a driving licence or = may=20 require, as a condition of continuing to hold such = driving=20 licence, the holder thereof to produce a medical = certificate=20 in the amendment form and in the same manner as is = referred to=20 in sub-section (3) of section 8, if the=20 licensing authority has reasonable grounds to believe = that the=20 holder of the driving licence is, by virtue of any = disease or=20 disability, unfit to drive a motor vehicle and where = the=20 authority revoking a driving licence is not the = authority=20 which issued the same, it shall intimate the fact = revocation=20 to the authority which issued that = licence.

17.Orders refusing = or revoking=20 driving licences and appeals therefrom.- = (1) Where=20 a licensing authority refuses to issue any learner's = licence=20 or to issue or renew, or revokes, any driving licence, = or=20 refuses to add a class or description of motor vehicle = to any=20 driving licence, it shall do so by an order = communicated to=20 the applicator the holder, as the case may be, giving = the=20 reasons in writing for such refusal or=20 revocation.

(2) Any person = aggrieved by=20 an order made under sub-section (1) may, = within=20 thirty days of the service on him of the order, appeal = to the=20 prescribed authority which shall decide the appeal = after=20 giving such person and the authority which made the = order an=20 opportunity of being heard and the decision of the = appellate=20 authority shall be binding on the authority which made = the=20 order.

18.Driving licences = to drive=20 motor vehicles, belonging to the Central = Government.-=20 (1) Such authority as may be prescribed by the = Central=20 Government may issue driving licence valid throughout = India to=20 persons who have completed their eighteenth year to = drive=20 motor vehicle which are the property or for the time = being=20 under the exclusive control of the Central Government = and are=20 used for the Government purposes relating to the = defence of=20 the country and unconnected with any commercial=20 enterprise.

(2) A driving = licence issued=20 under this section shall specify the class or = description of=20 vehicle which the holder is entitled to drive and the = period=20 for which he is so entitled.

(3) A driving = licence issued=20 under this section shall not entitle the holder to = drive any=20 motor vehicle except a motor vehicle referred to in=20 sub-section (1).

(4) The = authority issuing=20 any driving licence under this section shall, at the = request=20 of any State Government, furnish such information = respecting=20 any person to whom a driving licence is issued as that = Government may at any time require.

19.Power of = licensing authority=20 to disqualify from holding a driving licence or revoke = such=20 licence.- (1) If a licensing authority is=20 satisfied, after giving the holder of a driving = licence an=20 opportunity of being heard, that he = --

(a) is a = habitual criminal=20 or a habitual drunkard; or

(b) is a = habitual addict to=20 any narcotic drug or psychotropic substance within the = meaning=20 of the Narcotic Drugs and Psychotropic Substances Act, = 1985=20 (61 of 1985.); or

(c) is using or = has used a=20 motor vehicle in the commission of a cognizable = offence;=20 or

(d) has by his = previous=20 conduct as driver of a motor vehicle shown that his = driving is=20 likely to be attended with danger to the public; = or

(e) has obtained = any driving=20 licence or a licence to drive a particular class or=20 description of motor vehicle by fraud or=20 mis-representation; or

(f) has = committed any such=20 act which is likely to cause nuisance or danger to the = public,=20 as may be prescribed by the Central Government, having = regard=20 to the objects of this Act; or

(g) has failed = to submit to,=20 or has not passed, the tests referred to in the = proviso to=20 sub-section (3) of section 22; = or

(h) being a = person under the=20 age of eighteen years who has been granted a learner's = licence=20 or a driving licence with the consent in writing of = the person=20 having the care of the holder of the licence and has = ceased to=20 be in such care,

it may, for reasons to = be recorded=20 in writing, make an order --

(i) = disqualifying that=20 person for a specified period for holding or obtaining = any=20 driving licence to drive all or any classes or = descriptions of=20 vehicles specified in the licence; or

(ii) revoke any = such=20 licence.

(2) Where an = order under=20 sub-section (1) is made, the holder of a = driving=20 licence shall forthwith surrender his driving licence = to the=20 licensing authority making the order, if the driving = licence=20 has not already been surrendered, and the licensing = authority=20 shall, --

(a) if the = driving licence=20 is a driving licence issued under this Act, keep it = until the=20 disqualification has expired or has been removed;=20 or

(b) if it is not = a driving=20 licence issued under this Act, endorse the = disqualification=20 upon it and send it to the licensing authority by = which it was=20 issued; or

(c) in the case = of=20 revocation of any licence, endorse the revocation upon = it and=20 if it is not the authority which issued the same, = intimate the=20 fact of revocation to the authority which issued that=20 licence:

Provided that where the = driving=20 licence of a person authorises him to drive more than = one=20 class or description of motor vehicles and the order, = made=20 under sub-section (1), disqualifies him = from=20 driving any specified class or description of motor = vehicles,=20 the licensing authority shall endorse the = disqualification=20 upon the driving licence and return the same to the=20 holder.

(3) Any person = aggrieved by=20 an order made by a licensing authority under=20 sub-section (1) may, within thirty days = of the=20 receipt of the order, appeal to the prescribed = authority, and=20 such appellate authority shall give notice to the = licensing=20 authority and hear either party if so required by that = party=20 and may pass such order as it thinks fit and an order = passed=20 by any such appellate authority shall be=20 final.

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

Provided that in = respect of an=20 offence punishable under section 183 no such order = shall be=20 made for the first or second = offence.

(2) Where a = person is=20 convicted of an offence under clause (c) of=20 sub-section (1) of section 132, section = 134 or=20 section 185, the Court convicting any person of any = such=20 offence shall order the disqualification under=20 sub-section (1), and if the offence is = relatable=20 to clause (c) of sub-section (1) = of=20 section 132 or section 134, such disqualification = shall be for=20 a period of not less than one month, and if the = offence is=20 relatable to section 185, such disqualification shall = be for a=20 period of not less than six months.

(3) A Court = shall, unless=20 for special reasons to be recorded in writing it = thinks fit to=20 order otherwise, order the disqualification of a = person=20 --

(a) who having = been=20 convicted of an offence punishable under section 184 = is again=20 convicted of an offence punishable under that=20 section,

(b) who is = convicted of an=20 offence punishable under section 189, or

(c who is convicted of = an offence=20 punishable under section 192:

Provided that the = period of=20 disqualification shall not exceed, in the case = referred to in=20 clause (a), five years, or, in the case = referred to in=20 clause (b), two years or, in the case referred = to in=20 clause (c), one year.

(4) A Court = ordering the=20 disqualification of a person convicted of an offence=20 punishable under section 184 may direct that such = person=20 shall, whether he has previously passed the test of = competence=20 to drive as referred to in sub-section = (3) of=20 section 9 or not, remain disqualified until he has = subsequent=20 to the making of the order of disqualification passed = that=20 test to the satisfaction of the licensing=20 authority.

(5) The Court to = which an=20 appeal would ordinarily lie from any conviction of an = offence=20 of the nature specified in sub-section = (1) may=20 set aside or vary any order of disqualification made = under=20 that sub-section notwithstanding that no appeal = would=20 lie against the conviction as a result of which such = order of=20 disqualification was made.

21.Suspension of = driving licence=20 in certain cases.- (1) Where, in relation = to a=20 person who had been previously convicted of an offence = punishable under section 184, a case is registered by = a police=20 officer on the allegation that such person has, by = such=20 dangerous driving as is referred to in the said = section 184,=20 of any class or description of motor vehicle caused = the death=20 of, or grievous hurt to, one or more persons, the = driving=20 licence held by such person shall in relation to such = class or=20 description of motor vehicle become suspended=20 --

(a) for a period = of six=20 months from the date on which the case is registered,=20 or

(b) if such = person is=20 discharged or acquitted before the expiry of the = period=20 aforesaid, until such discharge or acquittal, as the = case may=20 be.

(2) Where by = virtue of the=20 provisions of sub-section (1), the driving = licence held=20 by a person becomes suspended, the police officer, by = whom the=20 case referred to in sub-section (1) is=20 registered, shall bring such suspension to the notice = of the=20 Court competent to take cognizance of such offence, = and=20 thereupon, such Court shall take possession of the = driving=20 licence, endorse the suspension thereon and intimate = the fact=20 of such endorsement to the licensing authority by = which the=20 licence was granted or last renewed.

(3) Where the = person=20 referred to in sub-section (1) in = acquitted or=20 discharged, the Court shall cancel the endorsement on = such=20 driving licence with regard to the suspension=20 thereof.

(4) If a driving = licence in=20 relation to a particular class or description of motor = vehicles is suspended under sub-section = (1), the=20 person holding such licence shall be debarred from = holding or=20 obtaining any licence to drive such particular class = of=20 description of motor vehicles so long as the = suspension of the=20 document remains in force.

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

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

(3) If a driving = licence is=20 cancelled or suspended under this section, the Court = shall=20 take the driving licence in its custody, endorse the=20 cancellation or, as the case may be, suspension, = thereon and=20 send the driving licence so endorsed to the authority = by which=20 the licence was issued or last renewed and such = authority=20 shall, on receipt of the licence, keep the licence in = its safe=20 custody, and in the case of a suspended licence, = return the=20 licence to the holder thereof after the expiry of the = period=20 of suspension on an application made by him for such=20 return:

Provided that no such = licence shall=20 be returned unless the holder thereof has, after the = expiry of=20 the period of suspension, undergone and passed, to the = satisfaction of the licensing authority by which the = licence=20 was issued or last renewed, a fresh test of competence = to=20 drive referred to in sub-section (3) of = section=20 9 and produced a medical certificate in the same form = and in=20 the same manner as is referred to in = sub-section=20 (3) of section 8.

(4) If a licence = to drive a=20 particular class or description of motor vehicles is = cancelled=20 or suspended under this section, the person holding = such a=20 licence shall be debarred from holding, or obtaining, = any=20 licence to drive such particular class or description = or motor=20 vehicles so long as the cancellation or suspension of = the=20 driving licence remains in force.

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

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

(3) Any person = in respect of=20 whom any disqualification order has been made may at = any time=20 after the expiry of six months from the date of the = order=20 apply to the Court or other authority by which the = order was=20 made, to remove the disqualification; and the Court or = authorities, as the case may be, may, having regard to = all the=20 circumstances, either cancel or vary the = disqualification=20 order:

Provided that where the = Court or=20 other authority refuses to cancel or vary any = disqualification=20 order under this section, a second application = thereunder=20 shall not be entertained before the expiry of a period = of=20 three months from the date of such = refusal.

24.Endorsement.- = (1)=20 The Court or authority making an order of = disqualification=20 shall endorse or cause to be endorsed upon the driving = licence=20 if any, held by the person disqualify, particulars of = the=20 order of disqualification and of any conviction of an = offence=20 in respect of which an order of disqualification is = made; and=20 particulars of any cancellation or variation of an = order of=20 disqualification made under sub-section = (3) of=20 section 23 shall be similarly so = endorsed.

(2) A Court by = which any=20 person is convicted of an offence under this Act as = may be=20 prescribed by the Central Government, having regard to = the=20 objects of this Act, shall, whether or not a = disqualification=20 order is made in respect of such conviction, endorse = or cause=20 to be endorsed particulars of such conviction on any = driving=20 licence held by the person = convicted.

(3) Any person = accused of an=20 offence prescribed under sub-section (2) = shall=20 when attending the Court bring with him his driving = licence if=20 it is in his possession.

(4) Where any = person is=20 convicted of any offence under this Act and sentenced = to=20 imprisonment for a period exceeding three months the = Court=20 awarding the sentence shall endorse the fact of such = sentence=20 upon the driving licence of the person concerned and = the=20 prosecuting authority shall intimate the fact of such=20 endorsement to the authority by which the driving = licence was=20 granted or last renewed.

(5) When the = driving licence=20 is endorsed or caused to be endorsed by any Court, = such Court=20 shall send the particulars of the endorsement by the = licensing=20 authority by which the driving licence was granted or = last=20 renewed.

(6) Where on an = appeal=20 against any conviction or order of a Court, which has = been=20 endorsed on a driving licence, the appellate court = varies or=20 sets aside the conviction or order, the appellate = court shall=20 inform the licensing authority by which the driving = licence=20 was granted or last renewed and such authority shall = amend or=20 cause to be amended the endorsement.

25.Transfer of = endorsement and=20 issue of driving licence free from endorsement.-=20 (1) An endorsement on any driving licence = shall be=20 transferred to any new or duplicate driving licence = obtained=20 by the holder thereof until the holder becomes = entitled under=20 the provisions of this section to have a driving = licence=20 issued to him free from endorsement.

(2) Where a = driving licence=20 is required to be endorsed and the driving licence is = not in=20 the possession of the Court or authority by which the=20 endorsement is to be made, then--

(a) if the = person in respect=20 of whom the endorsement is to be made is at the time = the=20 holder of a driving licence, he shall produce the = driving=20 licence to the Court or authority within five days, or = such=20 longer time as the Court or authority may fix; = or

(b) if, not = being then the=20 holder of a driving licence, he subsequently obtains a = driving=20 licence, he shall within five days after obtaining the = driving=20 licence produce it to the Court or = authority,

and if the driving = licence is not=20 produced within the time specified, if shall, = expiration or=20 such time, be or no effect until it is produced for = the=20 purpose of endorsement.

(3) A person = whose driving=20 licence has been endorsed shall, if during a = continuous period=20 of three years after such endorsement no further = endorsement=20 has been made against him, be entitled on surrendering = his=20 driving licence and on payment of a fee of five = rupees, to=20 receive a new driving licence free from all = endorsements=20 :

Provided that if the = endorsement is=20 only in respect of an offence contravening the speed = limits=20 referred to in section 112, such person shall be = entitled to=20 receive a new driving licence free from such = endorsement on=20 the expiration of one year of the date of the=20 endorsement:

Provided further that = in reckoning=20 the said period of three years and one year, = respectively, any=20 period during which the said persons was disqualify = for=20 holding or obtaining a driving licence shall be=20 excluded.

26.Maintenance of = State=20 Registers of Driving Licences.- (1) Each = State=20 Government shall maintain, in such form as may be = prescribed=20 by the Central Government, a register to be known as = the State=20 Register of Driving Licences, in respect of driving = licences=20 issued and renewed by the licensing authorities of the = State=20 Government, containing the following particulars, = namely=20 :--

(a) names and = addresses of=20 holders of driving licences;

(b) licence=20 numbers;

(c) dates of = issue or=20 renewal of licences;

(d) dates of = expiry of=20 licences;

(e) classes and = types of=20 vehicles authorised to be driven; and

(f) such other = particulars=20 as the Central Government may = prescribe.

(2) Each State = Government=20 shall supply to the Central Government a printed copy = of the=20 State Register of Driving Licences and shall inform = the=20 Central Government without delay of all additions to = and other=20 amendments in such register made from time to=20 time.

(3) The State = Register order=20 Driving Licences shall be maintained in such manner as = may be=20 prescribed by the State Government.

27.Power of Central = Government=20 to make rules.- The Central Government may make=20 rules--

(a) regarding = conditions=20 referred to in sub-section (2) of = section=20 3;

(b) providing = for the form=20 in which the application for learner's licence may be = made,=20 the information it shall contain and the documents to = be=20 submitted with the application referred to in=20 sub-section (2) of section 8;

(c) providing = for the form=20 of medical certificate referred to in = sub-section=20 (3) of section 8;

(d) providing = for the=20 particulars for the test referred to in = sub-section=20 (5) of section 8;

(e) providing = for the form=20 in which the application for driving licence may be = made, the=20 information it shall contain and the documents to be = submitted=20 with the application referred to in sub-section = (2) of section 9;

(f) providing = for the=20 particulars regarding test of competence to drive, = referred to=20 in sub-section (3) of section = 9;

(g) specifying = the minimum=20 educational disqualifications of persons to whom = licences to=20 drive transport vehicles may be issued under this Act = and the=20 time within which such disqualifications are to be = acquired by=20 such persons;

(h) providing = for the form=20 and contents of the licences referred to in = sub-section=20 (1) of section 10;

(i) providing = for the form=20 and contents of the application referred to in=20 sub-section (1) of section 11 and = documents to=20 be submitted with the application and the fee to be=20 charged;

(j) providing = for the form=20 and contents subject to which section 9 shall apply to = an=20 application made under section 11;

(k) providing = for the form=20 and contents of the application referred to in=20 sub-section (1) of section 15 and the = documents=20 to accompany such application under sub-section = (2) of section 15;

(l) providing = for the=20 authority to grant licences under sub-section=20 (1) of section 18;

(m) specifying = the fees=20 payable under sub-section (2) of section = 3,=20 sub-section (2) of section 9 and=20 sub-sections (3) and (4) of = section 15=20 for the grant of learner's licences, and for the grant = the=20 renewal of driving licences and licences for the = purpose of=20 regulating the schools or establishments for imparting = instructions in driving motor vehicles;

(n) specifying = the acts for=20 the purposes of clause (f) of = sub-section=20 (1) of section 19;

(o) specifying = the offences=20 under this Act for the purposes of sub-section=20 (2) of section 24;

(p) to provide = for all or=20 any of the matters referred to in sub-section=20 (1) of section 26;

(q) any other = matter which=20 is, or has to be, prescribed by the Central=20 Government.

28.Power of State = Government to=20 make rules.- (1) A State Government may = make rules=20 for the purposes of carrying into effect the = provisions of=20 this Chapter other than the matters specified in = section=20 27.

(2) Without = prejudice to the=20 generality of the foregoing power, such rules may = provide=20 for--

(a) the = appointment,=20 jurisdiction, control and functions of licensing = authorities=20 and other prescribed authorities;

(b) the conduct = and hearing=20 of appeals that may be preferred under this Chapter, = the fees=20 to be paid in respect of such appeals and the refund = of such=20 fees;

Provided that no fee so = fixed shall=20 exceed twenty-five rupees;

(c) the issue of = duplicate=20 licences to replace licences lost, destroyed or = mutilated, the=20 replacement of photographs which have become obsolete = and the=20 fees to be charged therefor;

(d) the badges = and uniform=20 to be worn by drives of transport vehicles and the = fees to be=20 paid in respect of badges;

(e) the fee = payable for the=20 issue of a medical certificate under = sub-section=20 (3) of section 8;

(f) the = exemption of=20 prescribed persons, or prescribed classes of persons, = from=20 payment of all or any portion of the fees payable = under this=20 Chapter;

(g) the = communication of=20 particulars of licences granted by one licensing = authority to=20 other licensing authorities;

(h) the duties, = functions=20 and conduct of such persons to whom licences to drive=20 transport vehicles are issued;

(i) the = exemption of drivers=20 of road-rollers from all or any of the = provisions of=20 this Chapter or of the rules made = thereunder;

(j) the manner = in which the=20 State Register of Driving Licences shall be maintained = under=20 section 26;

(k) any other = matter which=20 is to be, or may be, prescribed.

29.Necessity for = conductors=20 licence.- (1) No person shall act as a = conductor of=20 a stage carriage unless be holds an effective = conductor's=20 licence issued to him authorising him to act as such=20 conductor; and no person shall employ or permit any = person who=20 is not so licensed to act as a conductor of a stage=20 carriage.

(2) A State = Government may=20 prescribe the conditions subject to which = sub-section=20 (1) shall not apply to a driver of a stage = carriage=20 performing the functions of a conductor or to a person = employed to act as a conductor for a period not = exceeding one=20 month.

30.Grant to = conductors licence.-=20 (1) Any person who possession such minimum=20 educational disqualification as may be prescribed by = the State=20 Government and is not disqualified under = sub-section=20 (1) of section 31 and who is not for the time = being=20 disqualified for holding or obtaining a conductor's = licence=20 may apply to the licensing authority having = jurisdiction in=20 the area in which he ordinarily resides or carries on = business=20 for the issue to him of a conductor's=20 licence.

(2) Every = application under=20 sub-section (1) shall be in such form = and shall=20 contain such information as may be=20 prescribed.

(3) Every = application for=20 conductor's licence shall be accompanied by a medical=20 certificate in such form as may be prescribed, signed = by a=20 registered medical practitioner and shall also be = accompanied=20 by two clear copies of a recent photograph of the=20 applicant.

(4) A = conductor's licence=20 issued under this Chapter shall be in such form and = contain=20 such particulars as may be prescribed and shall be = effective=20 throughout the State in which it is = issued.

(5) The fee for = a=20 conductor's licence and for each renewal thereof shall = be=20 one-half of that for a driving=20 licence.

31.Disqualifications = for the=20 grant of conductors licence.- (1) No person = under=20 the age of eighteen years shall hold, or be granted, a = conductor's licence.

(2) The = licensing authority=20 may refuse to issue a conductor's = licence--

(a) if the = applicant does=20 not posses the minimum educational=20 disqualification:

(b) if the = medical=20 certificate produced by the applicant discloses that = he is=20 physically unfit to act as a conductor; and

(c) if any = previous=20 conductor's licence held by the applicant was=20 revoked.

32.Revocation of a = conductors=20 licence on grounds of disease or disability.- A=20 conductor's licence may at any time be revoked by any=20 licensing authority if that authorities has reasonable = grounds=20 to believe that the holder of the licence is suffering = from=20 any disease or disability which is likely to render = him=20 permanently unfit to hold such a licence and where the = authority revoking a conductor's licence is not the = authority=20 which issued the same, it shall intimate the fact of = such=20 revocation to the authority which issued that=20 licence:

Provided that before = revoking any=20 licence, the licensing authority shall give the person = holding=20 such licence a reasonable opportunity of being=20 heard.

33.Orders refusing = etc.,=20 conductors licences and appeals therefrom.- = (1)=20 Where a licensing authority refuses to issue or renew, = or=20 revokes any conductor's licence, it shall do so by an = order=20 communicated to the applicant or the holder, as the = case may=20 be, giving the reasons in writing for such refusal or=20 revocation.

(2) Any person = aggrieved by=20 an order made under sub-section (1) may, = within=20 thirty days of the service on him of the order, appeal = to the=20 prescribed authority which shall decide the appeal = after=20 giving such person and the authority which made the = order an=20 opportunity of being heard and the decision of the = appellate=20 authorities shall be binding on the authority which = made the=20 order.

34.Power of = licensing authority=20 to disqualify.- (1) If any licensing = authority is=20 of opinion that it is necessary to disqualify the = holder of a=20 conductor's licence for holding or obtaining such a = licence on=20 account of his previous conduct as a conductor, it = may, for=20 reasons to be recorded, make an order disqualifying = that=20 person for a specified period, not exceeding one year, = for=20 holding or obtaining a conductor's licence = :

Provided that before = disqualifying=20 the holder of a licence, the licensing authority shall = give=20 the person holding such licence a reasonable = opportunity of=20 being heard.

(2) Upon the = issue of any=20 such order, the holder of the conductor's licence = shall=20 forthwith surrender the licence to the authority = making the=20 order, if the licence has not already been = surrendered, and=20 the authority shall keep the licence until the=20 disqualification has expired or has been=20 removed.

(3) Where the = authority=20 disqualifying the holder of a conductor's licence = under this=20 section is not the authority which issued the licence, = it=20 shall intimate the fact of such disqualification to = the=20 authority which issued the same.

(4) Any person = aggrieved by=20 an order made under sub-section (1) may, = within=20 thirty days of the service on him of the order, appeal = to the=20 prescribed authority which shall decide the appeal = after=20 giving such person and the authority which made the = order an=20 opportunity of being heard and the decision of the = appellate=20 authority shall be binding on the authority which made = the=20 order.

35.Power of Court to=20 disqualify.- (1) Where any person holding a = conductor's licence is convicted of an offence under = this Act,=20 the Court by which such person is convicted may, in = addition=20 to imposing any other punishment authorised by law, = declare=20 the person so convicted to be disqualified for such = period as=20 the Court may specify for holding a conductor's=20 licence.

(2) The Court to = which an=20 appeal lie from any conviction of an offence under = this Act=20 may set aside or vary any order of disqualification = made by=20 the Court below, and the Court to which appeals = ordinarily lie=20 from such Court, may set aside or vary any order of=20 disqualification made by that Court, notwithstanding = that no=20 appeal lies against the conviction in connection with = which=20 such order was made.

36.Certain = provisions of Chapter=20 II to apply to conductors licence.- The provisions = of=20 sub-section (2) of section 6, section = 14, 15 and=20 23, sub-section (1) of section 24 and = sections=20 25 shall, so far as may be, apply in relation to a = conductor's=20 licence, as they apply in relation to a driving=20 licence.

37.Savings.- If = any licence=20 to act as a conductor of a stage carriage (by whatever = name=20 called) has been issued in any State and is effective=20 immediately before the commencement of this Act, it = shall=20 continue to be effective, notwithstanding such = commencement,=20 for the period for which it would have been effective, = if this=20 Act had not been passed, and every such licence shall = be=20 deemed to be a licence issued under this Chapter as if = this=20 Chapter had been in force on the date on which that = licence=20 was granted.

38.Power of State = Government to=20 make rules.- (1) A State Government may = make rules=20 for the purposes of carrying into effect the = provisions of=20 this Chapter.

(2) Without = prejudice to the=20 generality of the foregoing power, such rules may = provide=20 for--

(a) the = appointment,=20 jurisdiction, control and functions of licensing = authorities=20 and other prescribed authorities under this=20 Chapter;

(b) the = conditions subject=20 to which drivers of stage carriages performing the = functions=20 of a conductor and persons temporarily employed to act = as=20 conductors may be exempted from the provisions of=20 sub-section (1) of section = 20;

(c) the minimum = educational=20 disqualifications of conductors; their duties and = functions=20 and the conduct of persons to whom conductor's = licences are=20 issued;

(d) the form of = application=20 for conductor's licences or for renewal of such = licences and=20 the particulars it may contain;

(e) the form in = which=20 conductor's licences may be issued or renewed and the=20 particulars it may contain;

(f) the issue of = duplicate=20 licences to replace licences lost, destroyed or = mutilated, the=20 replacement of photographs which have become obsolete = and the=20 fees to be charged therefor;

(g) the conduct = and hearing=20 of appeals that may be preferred under this Chapter, = the fees=20 to be paid in respect of such appeals and the refund = of such=20 fees:

Provided that no fee so = fixed shall=20 exceed twenty-five rupees;

(h) the badges = and uniform=20 to be worn by conductors of stage carriages and the = fees to be=20 paid in respect of such badges;

(i) the grant of = the=20 certificates referred to in sub-section = (3) of=20 section 30 by registered medical practitioners and the = form of=20 such certificates;

(j) the = conditions subject=20 to which, and the extend to which, a conductor's = licence=20 issued in another State shall be effective in the=20 Stage;

(k) the = communication of=20 particulars of conductor's licences from one authority = to=20 other authorities; and

(l) any other = matter which=20 is to be, or may be, prescribed.

39.Necessity for = registration.-=20 No person shall drive any motor vehicle and no = owner of a=20 motor vehicle shall cause or permit the vehicle to be = driven=20 in any public place or in any other place unless the = vehicle=20 is registered in accordance with this Chapter and the=20 certificate of registration of the vehicle has not = been=20 suspended or cancelled and the vehicle carries a = registration=20 mark displayed in the prescribed manner :

Provided that nothing = in this=20 section shall apply to a motor vehicle in possession = of a=20 dealer subject to such conditions as may be prescribed = by the=20 Central Government.

40.Registration, = where to be=20 made.- Subject to the provisions of section 42, = section 43=20 and section 60, every owner of a motor vehicle shall = cause the=20 vehicle to be registered by a registering authority in = whose=20 jurisdiction he has the residence or place of business = where=20 the vehicle is normally kept.

41.Registration, how = to be=20 made.- (1) An application by or on behalf = of the=20 owner of a motor vehicle for registration shall be in = such=20 form and shall be accompanied by such documents, = particulars=20 and information and shall be made within such period = as may be=20 prescribed by the Central Government:

Provided that where a = motor vehicle=20 is jointly owned by more persons that one, the = application=20 shall be made by one of them on behalf of all the = owners and=20 such applicant shall be deemed to be the owner of the = motor=20 vehicle for the purposes of this = Act.

(2) An = application referred=20 to in sub-section (1) shall be = accompanied by=20 such fee as may be prescribed by the Central=20 Government.

(3) The = registering=20 authority shall issue to the owner of a motor vehicle=20 registered by it a certificate of registration in such = form=20 and containing such particulars and information and in = such=20 manner as may be prescribed by the Central=20 Government.

(4) In addition = to the other=20 particulars required to be included in the certificate = of=20 registration, it shall also specify the type of the = motor=20 vehicle, being a type as the Central Government may, = having=20 regard to the design, construction and use of the = motor=20 vehicle, by notification in the Official Gazette,=20 specify.

(5) The = registering=20 authority shall enter the particulars of the = certificate=20 referred to in sub-section (3) in a = register to=20 be maintained in such form and manner as may be = prescribed be=20 the Central Government.

(6) The = registering=20 authority shall assign to the vehicle, for display = thereon, a=20 distinguishing mark (in this Act referred to as the=20 registration by mark) consisting of one of the groups = of such=20 of those letters and followed by such letters and = figures as=20 are allotted to the State by the Central Government = from time=20 to time by notification in the Official Gazette, and = displayed=20 and shown on the motor vehicle in such form and in = such manner=20 as may be prescribed by the Central=20 Government.

(7) A = certificate of=20 registration issued under sub-section = (3),=20 whether before or after the commencement of this Act, = in=20 respect of a motor vehicle, other than a transport = vehicle,=20 shall, subject to the provisions contained in this = Act, be=20 valid only for a period of fifteen years from the date = of=20 issue of such certificate and shall be=20 renewable.

(8) An = application by or on=20 behalf of the owner of a motor vehicle, other than a = transport=20 vehicle, for the renewal of a certificate of = registration=20 shall be made within such period and in such form, = containing=20 such particulars and information as may be prescribed = by the=20 Central Government.

(9) An = application referred=20 to in sub-section (8) shall be = accompanied by=20 such fee as may be prescribed by the Central=20 Government.

(10) Subject to = the=20 provisions of section 56, the registering authority = may, on=20 receipt of an application under sub-section = (8),=20 renew the certificate of registration for a period of = five=20 years and intimate the fact to the original = registering=20 authority, if it is not the original registering=20 authority.

(11) If the = owner fails to=20 make an application under sub-section = (1), or,=20 as the case may be, under sub-section = (8) within=20 the period prescribed, the registering authority may, = having=20 regard to the circumstances of the case, required the = owner of=20 pay, in lie of any action that may be taken against = him under=20 section 177, such amount not exceeding one hundred = rupees as=20 may be prescribed under sub-section (13) = :

Provided that action = under section=20 177 shall be taken against the owner where the owner = fails to=20 pay the said amount.

(12) Where the = owner has=20 paid the amount under sub-section (11), = no=20 action shall be taken against him under section=20 177.

(13) For the = purposes of=20 sub-section (11), State Government may = prescribe=20 different amounts having regard to the period of delay = on the=20 part of the owner in making an application under=20 sub-section (1) or sub-section=20 (8).

(14) An = application for the=20 issue of a duplicate certificate of registration shall = be made=20 to the

original registering = authority in=20 such form, containing such particulars and information = along=20 with such fee as may be prescribed by the Central=20 Government.

42.Special = provisions for=20 registration of motor vehicles of diplomatic officers, = etc.- (1) Where an application for = registration of=20 a motor vehicle is made under sub-section = (1) of=20 section 41 by or on behalf of any diplomatic officer = or=20 consular officer, then, notwithstanding anything = contained in=20 sub-section (3) or sub-section = (6)=20 of that section, the registering authority shall = register the=20 vehicle in such manner and in accordance with such = procedure=20 as may be provided by rules made in this behalf by the = Central=20 Government under sub-section (3) and = shall=20 assign to the vehicle for display thereon a special=20 registration mark in accordance with the provisions = contained=20 in those rules and shall issue a certificate = (hereafter in=20 this section referred to as the certificate of = registration)=20 that the vehicle has been registered under this = section; and=20 any vehicle so registered shall not, so long as it = remains the=20 property of any diplomatic officer or consular = officer,=20 require to be registered otherwise under this=20 Act.

(2) If any = vehicle=20 registered under this section ceases to be the = property of any=20 diplomatic officer or consular officer, the = certificate of=20 registration issued under this section shall also = cease to be=20 effective, and the provisions of sections 39 and 40 = shall=20 thereupon apply.

(3) The Central = Government=20 may make rules for the registration of motor vehicles=20 belonging to diplomatic officers and consular officers = regarding the procedure to be followed by the = registering=20 authority for registering such vehicles, the form in = which the=20 certificates of registration of such vehicles are to = be=20 issued, the manner in which such certificates of = registration=20 are to be sent to the owners of the vehicles and the = special=20 registration marks to be assigned to such=20 vehicles.

(4) For the = purposes of this=20 section, "diplomatic officer" or "consular officer" = means any=20 person who is recognised as such by the Central = Government and=20 if any question arises as to whether a person is or is = not=20 such an officer, the decision of the Central = Government=20 thereon shall be final.

43.Temporary = registration.-=20 (1) Notwithstanding anything contained in = section=20 40 the owner of a motor vehicle may apply to any = registering=20 authority or other prescribed authority to have the = vehicle=20 temporarily registered in the prescribed manner and = for the=20 issue in the prescribed manner of a temporary = certificate of=20 registration and a temporary registration=20 mark.

(2) A = registration made=20 under this section shall be valid only for a period = not exceed=20 one month, and shall not be renewable :

Provided that where a = motor vehicle=20 so registered is a chassis to which a body has not = been=20 attached and the same is detained in a workshop beyond = the=20 said period of one month for being fitted

with a body, the period = may, on=20 payment of such fees, if any, as may be prescribed, be = extended by such further period or periods as the = registering=20 authority or other prescribed authority, as the case = may be,=20 may allow.

44.Production of = vehicle at the=20 time of registration.- The registering authority = shall=20 before proceeding to register a motor vehicle or renew = the=20 certificate of registration in respect of a motor = vehicle,=20 other than a transport vehicle, require the person = applying=20 for registration of the vehicle or, as the case may = be, for=20 renewing the certificate of registration to produce = the=20 vehicle either before itself or such authority as the = State=20 Government may by order appoint in order that the = registering=20 authority may satisfy itself that the particulars = contained in=20 the application are true and that the vehicle complies = with=20 the requirements of this Act and of the rules make=20 thereunder.

45.Refusal of = registration or=20 renewal of the certificate of registration.- The=20 registering authority may, by order, refuse to = register any=20 motor vehicle, or renew the certificate of = registration in=20 respect of a motor vehicle (other than a transport = vehicle),=20 if in either case, the registering authority has = reason to=20 believe that it is a stolen motor vehicle or, the = vehicle is=20 mechanically defective or fails to comply with the=20 requirements of this Act or of the rules made = thereunder, or=20 if the applicant fails to furnish particulars of any = previous=20 registration of the vehicle or furnishes inaccurate=20 particulars in the application for registration of the = vehicle=20 or, as the case may be, for renewal of the certificate = or=20 registration thereof and the registering authority = shall=20 furnish the applicant whose vehicle is refused = registration,=20 or whose application for renewal of the certificate of = registration is refused, a copy of such order, = together with=20 the reason for such refusal.

46.Effectiveness in = India of=20 registration.- Subject to the provisions of = section 47, a=20 motor vehicle registered in accordance with this = Chapter in=20 any State shall not required to be registered = elsewhere in=20 India and a certificate of registration issued or in = force=20 under this Act in respect of such vehicle shall be = effective=20 throughout India.

47.Assignment of new = registration mark on removal to another State.- = (1)=20 When a motor vehicle registered in one State has been = kept in=20 another State, for a period exceeding twelve months, = the owner=20 of the vehicle shall, within such period and in such = form=20 containing such particulars as may be prescribed by = the=20 Central Government, apply to the registering = authority, within=20 whose jurisdiction the vehicle then is, for the = assignment of=20 a new registration mark and shall present the = certificate of=20 registration to that registering authority = :

Provided that an = application under=20 this sub-section shall be=20 accompanied--

(i) by the no = such=20 certificate obtained under section 48, or

(ii) in a case = where no such=20 certificate has been obtained, by--

(a) the receipt = obtained=20 under sub-section (2) of section 48;=20 or

(b) the postal=20 acknowledgment received by the owner of the vehicle if = he has=20 sent an application in this behalf by registered post=20 acknowledgment due to the registering authority = referred to in=20 section 48.

together with a = declaration that he=20 has not received any communication from such authority = refusing to grant such certificate or requiring him to = comply=20 with any direction subject to which certificate may be = granted=20 :

Provided further that, = in a case=20 where a motor vehicle is held under a = hire-purchase,=20 lease or hypothecation agreement, an application under = this=20 sub-section shall be accompanied by a no such=20 certificate from the person with whom such agreement = has been=20 entered into, and the provisions of section 51, so far = as may=20 be, regarding obtaining of such certificate from the = person=20 with whom such agreement has been entered into, shall=20 apply.

(2) The = registering=20 authority, to which application is made under=20 sub-section (1), shall after making such = verification, as it thinks fit, of the returns, if = any,=20 received under section 62, assign the vehicle a = registration=20 mark as specified in sub-section (6) of = section=20 41 to be displayed and shown thereafter on the vehicle = and=20 shall enter the mark upon the certificate of = registration=20 before returning it to the applicant and shall, in=20 communication with the registering authority by whom = the=20 vehicle was previously registered, arrange for the = transfer of=20 the registration of the vehicle from the records of = that=20 registering authority to its own = records.

(3) Where a = motor vehicle is=20 held under a hire-purchase or lease or = hypothecation=20 agreement, the registering authority shall, after = assigning=20 the vehicle a registration mark under = sub-section=20 (2), inform the person whose name has been = specified in=20 the certificate of registration as the person with = whom the=20 registered owner has entered into the = hire-purchase or=20 lease or hypothecation agreement (by sending to such = person a=20 notice by registered post acknowledgment due at the = address of=20 such person entered in the certificate of registration = the=20 fact of assignment of the said registration=20 mark).

(4) A State = Government may=20 make rules under section 65 requiring the owner of a = motor=20 vehicle not registered within the State, which is = brought into=20 or is for the time being in the State, to furnish to = the=20 prescribed authority in the State such information = with=20 respect to the motor vehicle and its registration as = may be=20 prescribed.

(5) If the owner = fails to=20 make an application under sub-section = (1) within=20 the period prescribed, the registering authority may, = having=20 regard to the circumstances of the case, require the = owners to=20 pay, in lieu of any action that may be taken against = him under=20 section 177, such amount not exceeding one hundred = rupees as=20 may be prescribed under sub-section (7)=20 :

Provided that action = under section=20 177 shall be taken against the owner where the owner = fails to=20 pay the said amount.

(6) Where the = owner has paid=20 the amount under sub-section (5), no = action=20 shall be taken against him under section=20 177.

(7) For the = purposes of=20 sub-section (5), the State Government = may=20 prescribe different amounts having regard to the = period of=20 delay on the part of the owner in making an = application under=20 sub-section (1).

48.No objection=20 certificate.- (1) The owner of a motor = vehicle when=20 applying for the assignment of a new registration mark = under=20 sub-section (1) of section 47, or where = the=20 transfer of a motor vehicle is to be effected in a = State other=20 than the State of its registration, the transferor of = such=20 vehicle when reporting the transfer under = sub-section=20 (1) of section 50, shall make an application in = such=20 form and in such manner as may be prescribed by the = Central=20 Government to the registering authority by which the = vehicle=20 was registered for the issue of a certificate = (hereafter in=20 this section referred to as the no such certificate), = to the=20 effect that the registering authority has no objection = for=20 assigning a new registration mark to the vehicle or, = as the=20 case may be, for entering the particulars of the = transfer of=20 ownership in the cover of = registration.

(2) The = registering=20 authority shall, on receipt of an application under=20 sub-section (1), issue a receipt in such = form as=20 may be prescribed by the Central = Government.

(3) On receipt = of an=20 application under sub-section (1), the=20 registering authority may, after making such inquiry = and=20 requiring the applicant to comply with such directions = as it=20 deems fit and within thirty days of the receipt = thereof, by=20 order in writing, communicate to the applicant that it = has=20 granted or refused to grant the no objection=20 certificate:

Provided that a = registering=20 authority shall not refuse to grant the no objection=20 certificate unless it has recorded in writing the = reasons for=20 doing so and a copy of the same has been communicated = to the=20 applicant.

(4) Where while = a period of=20 thirty days referred to in sub-section = (3), the=20 registering authority does not refuse to grant that no = objection certificate or does not communicate the = refusal to=20 the applicant, the registering authority shall be = deemed to=20 have granted the no objection = certificate.

(5) Before = granting or=20 refusing to grant the no objection certificate, the=20 registering authority shall obtain a report in writing = from=20 the police that no case relating to the theft of the = motor=20 vehicle concerned has been reported or is pending, = verify=20 whether all the amounts due to Government including = road tax=20 in respect of that motor vehicle have been paid and = take into=20 account such other factors as may be prescribed by the = Central=20 Government.

(2) If the owner = of a motor=20 vehicle fails to intimate his new address to the = concerned=20 registering authority within the period specified in=20 sub-section (1), the registering = authority may,=20 having regard to the circumstances of the case, = require the=20 owner of pay, in lieu of any action that may be taken = against=20 him under section 177, such amount not exceeding one = hundred=20 rupees as may be prescribed under sub-section=20 (4) :

Provided that action = under section=20 177 shall be taken against the owner where he fails to = pay the=20 said amount.

(3) Where a = person has paid=20 the amount under sub-section (2), no = action=20 shall be taken against him under sub-section=20 177.

(4) For the = purposes of=20 sub-section (2), a State Government may=20 prescribe different amounts having regard to the = period of=20 delay in intimating his new address.

(5) On receipt = of intimation=20 under sub-section (1), the registering = authority=20 may, after making such verification as it may think = fit, cause=20 the new address to be entered in the certificate of=20 registration.

(6) A = registering authority=20 other than the original registering authority making = any such=20 entry shall communicate the altered address to the = original=20 registering authority.

(7) Nothing in=20 sub-section (1) shall apply where the = change of=20 the address recorded in the certificate of = registration is due=20 to a temporary absence not intended to exceed six = months in=20 duration or where the motor vehicle is neither used = nor=20 removed from the address recorded in the certificate = of=20 registration.

50.Transfer of = ownership.-=20 (1) Where the ownership of any motor = vehicle=20 registered under this Chapter is=20 transferred,--

(a) the = transferor=20 shall,--

(i) in the case = of a vehicle=20 registered within the same State, within fourteen days = of the=20 transfer, report the fact of transfer, in such form = with such=20 documents and in such manner, as may be prescribed by = the=20 Central Government to the registering authority within = where=20 jurisdiction the transfer is to be effected and shall=20 simultaneously send a copy of the said report of the=20 transferee; and

(ii) in the case = of a=20 vehicle registered outside the State, within = forty-five=20 days of the transfer, forward to the registering = authorities=20 referred to in sub-clause=20 (i)--

(A) the no = objection=20 certificate obtained under section 48; or

(B) in a case = where no such=20 certificate has been obtained,--

(I) the receipt = obtained=20 under sub-section (2) of section 48;=20 or

(II) the postal=20 acknowledgment received by the transferred if he has = sent an=20 application in this behalf by registered post = acknowledgment=20 due to the registering authority referred to in = section=20 48,

together with a = declaration that he=20 has not received any communication from such authority = refusing to grant such certificate or requiring him to = comply=20 with any direction subject to which such certificate = may be=20 granted;

(b) the = transferee shall,=20 within thirty days of the transfer, report the = transfer to the=20 registering authority within whose jurisdiction he has = the=20 residence or place of business where the vehicle is = normally=20 kept, as the case may be, and shall forward the = certificate of=20 registration to that registering authority together = with the=20 prescribed fee and a copy of the report received by = him from=20 the transferor in order that particulars of the = transfer of=20 ownership may be entered in the certificate of=20 registration.

(2)=20 Where--

(a) the person = in whose name=20 a motor vehicle stands registered dies, or

(b) a motor = vehicle has been=20 purchased or acquired at a public auction conducted = by, or an=20 behalf of, Government,

the person succeeding = to the=20 possession of the vehicle or, as the case may be, who = has=20 purchased or acquired the motor vehicle, shall make an = application for the purpose of transferring the = ownership of=20 the vehicle in his name, in the registering authority = in whose=20 jurisdiction he has the residence or place of business = where=20 the vehicle is normally kept, as the case may be, in = such=20 manner, accompanied with such fee, and within such = period as=20 may be prescribed by the Central = Government.

(3) If the = transferor or the=20 transferee fails to report to the registering = authority the=20 fact of transfer within the period specified in clause = (a) or clause (b) of sub-section=20 (1), as the case may be, or if the person who = is=20 required to make an application under = sub-section=20 (2) (hereafter in this section referred to as = the other=20 person) fails to make such application within the = period=20 prescribed, the registering authority may, having = regard to=20 the circumstances of the case, require the transferor = or the=20 transferee, or the other person, as the case may be, = to pay,=20 in lieu of any action that may be taken against him = under=20 sub-section 177 such amount not exceeding one = hundred=20 rupees as may be prescribed under sub-section=20 (5) :

Provided that action = under section=20 177 shall be taken against the transferor or the = transferee or=20 the other person, as the case may be, where he fails = to pay=20 the said amount.

(4) Where a = person has paid=20 the amount under sub-section (3), no = action=20 shall be taken against him under section=20 177.

(5) For the = purposes of=20 sub-section (3), a State Government may=20 prescribe different amounts having regard to the = period of=20 delay on the part of the transferor or the transferee = in=20 reporting the fact of transfer of ownership of the = motor=20 vehicle or of the other person in making the = application under=20 sub-section (2).

(6) On receipt = of a report=20 under sub-section (1), or an application = under=20 sub-section (2), the registering = authority may=20 cause the transfer of ownership to be entered in the=20 certificate of registration.

(7) A = registering authority=20 making any such entry shall communicate the transfer = of=20 ownership to the transferor and to the original = registering=20 authority, if it is not the original registering=20 authority.

51.Special = provisions regarding=20 motor vehicle subject to hire-purchase agreement,=20 etc.-(1) Where an application for = registration of a=20 motor vehicle which is held under a = hire-purchase,=20 lease or=20 = hyp