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MOTOR VEHICLES ACT 1939

ACT NO. 4 OF 1939 1*

[16th February, 1939.]

Short title, extent and commencement.

1.Short title, extent and commencement. (1) This Act may be called the Motor Vehicles Act, 1939.

3[(2) It extends to the whole of India 4* * * : Provided that Chapter VIII shall take effect in the State of Kerala only from such date as the Central Government may, by notification in the Official Gazette, appoint ; and until that Chapter so takes effect in that State, Chapter VII of the Travancore-Cochin Motor Vehicles Act, 1125, shall have effect in that State as if enacted in this Act.]

Definitions. 2.Definitions. In this Act, unless there is anything repugnant in the subject or context,-

5[(1) " area", in relation to any provision of this Act, means such area as the State Government may, having regard ----------------------------------------------------------------------

1 S.44(2) of this Act has been amended in its application to the Andaman and Nicobar Islands by s.2 of the Motor Vehicles (Amendment) Regulation, 1940 (4 of 1940). The Act as applied to Railway Lands in Rajputana came into force on 13th January, 1944 see Notification No. P/1-36, dated 13th January, 1944, Gazette of India, 1944 Pt. I-A, p. 10. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, 2 and Sch. I. and to Goa, Daman and Diu with modification by Ref. 12 of 1962, s.3 & sch. This Act has been made applicable to Chandigarh and Himachal Pradesh with certain modifications and adaptations ride G.S.R. 225, dated 15-2-1967, Gazette of India, Extraordinary, Pt. II, Sec. 3(i), p. 61. The Act has been amended in its application to Madras by Madras Acts 20 of 1948 and 44 of 1949 ; in Madhya Pradesh by C. P. and Berar Act 3 of 1948 ; in Uttar Pradesh by U. P. Acts 11 of 1948, 10 of 1951 and 42 of 1958 ; in Punjab by E. P. Act 28 of 1948; in Bihar by Bihar Act 27 of 1950 and in West Bengal by West Bengal Act 19 of 1951; in Madhya Pradesh by M.P. Act 9 of 1961; in Madras by Madras Act 19 of 1957 and in Rajasthan by Raj. Act 3 of 1961. 2 The words "in the Provinces of India" omitted by the A. O.

3 Subs. by Act 5 of 1960, s. 2, for sub-sections (2) and (3) (w.e.f. 15-7-1960). 4 The words "except the State of Jammu and Kashmir" omitted by Act 25 1968, s. 2 and Sch. (w.e.f. '15-8-1968).

5 Cls. (1) and (1A) ins. by Act 56 of 1969, s. 2 (w.e.f. 2-3- 1970). Amended in Pondicherry by Pondi. Act 16 of 1966 Amended in Mysore by Mysore Act 2 of 1967. Amended in Mysore by Mysore Act 9 of 1968. Amended in Madras by Madras Act 18 of 1968. Amended in Kerala by Kerala Act 16 of 1968. Amended in Kerala by Kerala Act 24 of 1969 Amended in Tamil Nadu by T.N. Act 18 of 1968. Amended in Rajasthan by Raj. Act 3 of 1969. Amended in Haryana by Haryana Act 15 of 1970. Amended in Kerala by Kerala Act 34 of 1971. Amended in Kerala by Kerala Act 35 of 1971. Amended in Kerala by Kerala Act 36 of 1971 Amended in Maharashtra by Mah. Act 10 of 1972. Amended in Meghalaya by Megh. Act 2 of 1974. Amended in Madhya Pradesh by M.P. Act 17 of 1973. Amended in Tamil Nadu by T.N. Act 48 of 1974. Amended in Maharashtra by Mah. Act 19 of 1975. Amended in Uttar Pradesh by U.P. Act 15 of 1976. Amended in Tripura by Tripura Act 10 of 1973. Amended in West Bengal by W.B. Act 15 of 1976. Amended in West Bengal by W.B. Act 33 of 1977. Amended in Kerala by Kerala Act 7 of 1977. Amended in Haryana by Haryana Act 15 of 1977. Amended in Punjab by Punjab Act 34 of 1978. Amended in Uttar Pradesh by U.P. Act 32 of 1978. Amended in West Bengal by W.B. Act 26 of 1978. --------------------------------------------------------------------- 26 to the requirements of that provision, specify by notification in the Official Gazette; (1A) "articulated vehicle" means a tractor to which a trailer is attached in such a manner that a part of the trailer is super-imposed on, and a part of the weight of the trailer is borne by, the tractor ;] 1[(1B)] "axle weight" means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface whereon the vehicle rests ;

(2) "certificate of registration " means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter III ; 2[2A) "Commission " means the Inter-State Transport Commission constituted under section 63A ; (2B) "conductor", in relation to. a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed ; (2C) " conductors licence " means the document issued by a competent authority under Chapter IIA authorizing the person specified therein to act as a conductor;]

(3) " contract carriage " means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a 3[fixed or agreed rate or sum- (i) on a time basis whether or not with reference to any route or distance, or (ii) from one point to another, and in either case without stopping to pick up] or set down along the line of route passengers not included in the contract; and includes a motor cab notwithstanding that the passengers may pay separate fares;

5[(4) "dealer" includes a person who is engaged in the manufacture of motor vehicles or in building bodies for attachment to chassis; ---------------------------------------------------------------------- 1 Renumbered by Act 56 of 1969, s. 2 (w.e.f. 2-3-1970). 2 Ins. by Act 100. of 1956, s. 2 (w.e.f. 16-2-1957). 3 Subs. by Act 56 of 1969, s. 2, for certain words (w.e.f. 2-3-1970).

4 Explanation to cl. (3), and cl. (4), omitted by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957). 5 Ins. by Act 47 of 1978, s.2 (w.e.f. 16.1.1979) ------------------------------------------------------------------------ 27

(5) "driver" includes, where a separate person acts as steersman of a motor vehicle, that person as well as any other person engaged in the driving of the vehicle ; 1[(5A) " driving licence " means the document issued by a competent authority under Chapter II authorising the person specified therein to drive a motor vehicle or a motor vehicle of any specified class or description;]

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

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

(8) "goods vehicle " means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers

8[(9) "heavy goods vehicle" means any goods vehicle the registered laden weight of which, or a tractor the unladen weight of-which, exceeds 11,000 kilograms; (9A) "heavy passenger motor vehicle" means any public service vehicle or omnibus the registered laden weight of either of which, or a motor car the unladen weight of which, exceeds 11,000 kilograms,]

(10) invalid carriage" means a motor vehicle the unladen weight of which does not exceed 6[300 kilograms], specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person; 7* * * * * * ----------------------------------------------------------------------- 1 Ins. by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957). 2 Subs. by s. 2, ibid., for the original el. (w.e.f. 16-2- 1957). 3 Subs. by Act 51 of 1960, s. 2, for "18,000 pounds avoirdupois" (w.e.f. 1-1-1961). 4 Subs. by Act 56 of 1969, s. 2, for "8.200" (w.e.f. 2-3- 1970). 5 Cl. (9A) ins. by Act 3 of 1951, S.3 and Sch. (w.e.f. 15-8- 1968). Sch.; omitted by Act 25 of 1968, s. 2 6 Subs. by Act 51 of 1960, s. 2, for "five hundredweight"' (w.e.f. 1-1-1961)

7 Cl. (11) omitted by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957). 8 Subs. by Act 47 of 1978, s.2 (w.e.f. 16-1-1979). --------------------------------------------------------------------- 28

(12) "licensing authority" means an authority empowered to grant licences, appointed by the State Government by rule made under section 21 1[or section 21J];

2[(13) "light motor vehicle" means a transport vehicle or omnibus the registered laden weight of which, or a motor car or tractor the unladen weight of which, does not exceed 3[4[4,000] kilograms];

9[(14) "medium goods vehicle" means any goods vehicle, other than a light motor vehicle, heavy goods vehicle or road- roller; (14A) "medium passenger motor vehicle" means any public service vehicle, other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle;]

(15) "motor cab " means any motor vehicle constructed, adapted or used to carry not more than six passengers exclud- ing the driver, for hire or reward ;

(16) " motor car " means any motor vehicle other than a transport vehicle, 5[omnibus], road-roller, tractor, motor cycle or invalid carriage;

6[(17) "motor cycle" means a two-wheeled motor vehicle, the unladen weight of which, inclusive of the unladen weight of any detachable side car, having an extra wheel, attached to motor vehicle, does not exceed 600 kilograms;]

(18) "motor vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer ; but does not include a vehicle running upon fixed rails or 7[a vehicle of a special type adapted for use only in a factory or in any other enclosed premises]; 8[(18A) "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;] ---------------------------------------------------------------------- 1 Added by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957).

2 Subs. by s. 2, ibid., for cls (13) and (14) (w.e.f. 16-2- 1957). 3 Subs. by Act 51 of 1960, s. 2, for "6,000 pounds avoirdupois" (w.e.f. 1-1-1961). 4 Subs. by Act 56 of 1969, s. 2, for "3,000" (w.e.f. 2-3-1970). 5 Subs,. by Act 100 of 1956, s. 2, for "locomotive" (w.e.f. 16-2-1957).

6 Subs. by Act 56 of 1969, s. 2, for cl. (17) (w.e.f. 2-3- 1970). 7 Subs. by Act 100 of 1956, s. 2, for "used solely upon the premises of the owner" (w.e.f. 16-2-1957). 8 Ins. by. s. 2, ibid. (w.e.f. 16-2-1957). 9 Subs. by Act 47 of 1978, s. 2(w.e.f. 16-1-1979). ------------------------------------------------------------------------ 29

(19) "owner" means, where the person, in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement;

(20) "permit " means the document issued by 1 [the Commis- sion or] a State or Regional Transport Authority authorizing the use of a transport vehicle as a contract carriage, or stage carriage, or authorizing the owner as a private carrier or public carrier to use such vehicle;

(21) prescribed " means prescribed by rules made under this Act ;

(22) private carrier " means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage of goods which are his property or the carriage of which is necessary for the purposes of his business not being a business of providing transport, or who uses the

vehicle for any of the purposes specified in sub-section (2) of section 42 ;

(23) "public carrier" means an owner of a transport vehicle who transports or undertakes to transport goods, or any class of goods, for another person at any time and in any public place for hire or reward, whether in pursuance of the terms of a contract or agreement or otherwise, and includes any person. body, association or company engaged in the business of carrying the goods of persons associated with that person, body, association or company for the purpose of having their goods transported;

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

(25) " public service, vehicle " means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, and stage carriage ; 3[(25A) "rebuilt vehicle" means a motor vehicle rebuilt with an engine and a chassis both of which had not been registered under this Act as one vehicle;]

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

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

(28) " registering authority " means an authority empowered to register motor vehicles under Chapter III; ---------------------------------------------------------------------- 1 Ins. by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957). 2 Subs. by s. 2, ibid., for the original cl. (w.e.f. 16-2- 1957). 3 Ins. by Act 47 of 1978, s. 2 (w.e.f. 16-1-1979). ----------------------------------------------------------------------- 30 1[(28A) "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another;]

(29) " stage carriage " means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey ; 1[(29A) "tourist vehicle" means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as the State Government may, by notification in the Official, Gazette, specify in this behalf;] 2* * * *

(30) "tractor " means a motor vehicle which is not itself constructed to carry any load (other than equipment used for 3***; but excludes a roadroller;

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

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

4 [ (33) transport vehicle" means a public service vehicle or a goods vehicle;]

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

(35) " weight " means the total weight transmitted for the time being by the wheels of a vehicle to the, surface on which the vehicle rests. --------------------------------------------------------------------- 1 Ins. by Act 56 of 1969, s. 2 (w.e.f. 2-3-1970). 2 Cl. (29A), ins. by the A. O. 1950, omitted by Act 3 of 1951, s. 3 and Sch. 3 The words and figures "the unladen weight of which does not exceed 16,000 pounds avoirdupois " omitted by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957). 4 Subs. by s. 2, ibid., for the original cl. (w.e.f. 16-2-1957). ----------------------------------------------------------------------- 30A CHAP LICENSING OF DRIVERS OF MOTOR VEHICLES CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

Necessity for driving licence.

3.Necessity for driving licence.(1) No person shall drive a motor vehicle in any public place unless he holds an effective 1[driving licence] issued to himself authorizing him to drive the Vehicle; and no person shall so drive a motor vehicle as a paid employee or shall so drive a 2 [transport vehicle] unless his 1[driving licence] specifically entitles him so to do.

(2) A State Government may prescribe the conditions subject to

which sub-section (1) shall not apply to a person receiving instruc- tion in driving a motor vehicle.

3 [(3) Notwithstanding anything contained in sub,-section (1), a person who holds an effective driving licence authorising him to drive a motor car may drive any motor cab hired by him for his own use.] 4* * * *

Age limit in connection with driving of motor vehicles.

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

(2) Subject to the provisions of section 14, no person under the age of twenty years shall drive a transport vehicle in any public place.

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

Restrictions on the holding of driving licences.

6.Restrictions on the holding of driving licences. (1) No person shall, while he holds any 1[driving licence] for the time being in force, hold any other 6[driving licence] except a 6[driving licence] issued in accordance with the provisions of section 14, or a document authorizing, in accordance with the rules made under section 92, the person specified therein to drive a motor vehicle. ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s.3 for "licence" (w.ef. 16-2-1957). 2 Subs. s.3, ibid., for 'public service vehicle" (w.e.f. 16-2- 1957). 3 Ins. by Act 56 of 1969, s. 3 (w.e.f. 2-3-1970).

4 Sub-section (3) omitted by Act 20 of 1942, s. 2.

5 Sub-section (3) omitted by s. 3, ibid. 6 Subs. by Act 100 of 1956, s. 4, for "licence" (w.e.f. 16-2- 1957). ----------------------------------------------------------------------- 30B

(2) No holder of a 1[driving licence] shall permit it to be used by any other person.

(3) Nothing in this section shall prevent a licensing authority

having the jurisdiction referred to in sub-section (1) of section 7 from adding to the classes of vehicle which the 2[driving licence] authorizes the holder to drive.

Grant of driving Licence.

7.Grant of driving Licence. 2[(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area- (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment where he is receiving or has received instruction in driving a motor vehicle is situate, or (iii) if the application is for a driving licence to drive as a paid employee, in which the employer resides or carries on business, for the issue to him of a driving licence.]

(2) Every application under sub-section (1) shall be in Form A as set forth in the First Schedule, shall be signed by, or bear the thumb impression of, the applicant in two places 4 [shall contain the information required by the form and shall be accompanied by there clear copies of a recent photograph of the applicant]

(3) Where the application is for a 5[driving licence]'to drive as a paid employee or to drive a transport vehicle, or where in any other case the licensing authority for reasons to be stated in writing so requires, the application shall be accompanied by a medical certificate in Form C, as set forth in the First Schedule, signed by a registered medical practitioner. 4 * * *

(5) If, from the application or from the medical certificate

referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 4, for "licence" (w.e.f. 16-2- 1957).

2 Subs. by Act 56 of 1969, s. 4, for sub-section (1) (w.e.f. 2-3-1970). 3 Subs. by Act 100 of 1956, s.5 for "licence" (w.e.f. 16-2- 1957). 4 Subs. and Omitted by Act 47 of 1982, s. 2 (w.e.f. 1-10-1982). ---------------------------------------------------------------------- 30c by him of a motor vehicle of the class which he would be authorised by the 1[driving licence] applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall re- fuse to issue the 2[driving licence]: Provided that- (a) a 3[driving licence] limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage, (b) the applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and, if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a 4[driving licence] to, drive such motor vehicle as the licensing authority may specify in the 1[driving licence].

(6) No. 1[driving licence] shall be issued to any applicant unless-- 2* * * he passes to the satisfaction of the licensing authority the test of competence to drive specified in the Third Schedule. 3 * 3* * * * 4[Provided that, where the application is for a licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from Part I of the test specified in the Third Schedule, if the licensing authority is satisfied- (a) that the applicant has previously held a licence to drive and that the period between the date of expiry of that licence and the date of such application does not exceed five years ; or (b) that the applicant holds a driving licence issued by a competent authority of any country outside India:] ----------------------------------------------------------------------- 1 Subs. by Act 100 of- 1956, s. 5, for "licence" (w.e.f. 16-2- 1957). 2 The brackets and letter "(a)" omitted by Act 20 of 1942, s. 4. 3 The word "or" and clause "(b)" omitted by s. 4, ibid. 4 Subs, by Act 100 of 1956, s. 5. for the first proviso (w.e.f. 16-2-1957). ----------------------------------------------------------------------- 31 Provided further that where the application is for a 1[driving licence] to drive a motor vehicle (not being a transport vehicle) otherwise than as a paid employee, the licensing authority may exempt the applicant from 2* * * the test specified in the Third Schedule if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.

3[(7) The test of competence to drive shall be carried out in a vehicle of the type' to which the application refers, and, for the purposes of Part I of the test,- 9[(a) a person who passes the test in driving a heavy goods vehicle shall be deemed also to have passed the test in driving any medium goods vehicle or light motor vehicle; (b) a person who passes the test in driving a heavy passen- ger motor vehicle shall be deemed also to have passed the test in driving any medium passenger motor vehicle or light motor vehicle; (c) a person who passes the test in driving a medium goods vehicle or a medium passenger motor vehicle shall be deemed also to have passed the test in driving any light motor vehicle.]

9[(7A) Notwithstanding anything contained 'in subsection (7), any person, who has a valid driving licence granted before the commencement of the Motor Vehicles (Amendment) Act, 1978, authorising him to drive a heavy motor vehicle or, as the case may be, a medium motor vehicle, shall, for the period specified in such licence, be Permitted to drive- (a) any heavy goods vehicle, heavy passenger motor vehicle, medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any heavy motor vehicle; (b) any medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any medium motor vehicle.]

(8) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority 8[such fee as the Central Government Rules made under this Act, specify] the licensing authority shall grant the applicant a 1[driving licence] unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a 1[driving licence] : Provided that,- 5* * * * 6* * * a licensing authority may issue a 1[driving licence] to drive a motor cycle or a 7 [light motor vehicle] not- withstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority; --------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 5, for "licence" (w.e.f. 16-2- 1957). 2 The words "Part I of" omitted by Act 20 of 1942, s. 4. 3 Subs. by Act 100 of 1956, s. 5, for the original sub-section (w.e.f. 16-2.1957). 4 Subs. by s. 5, ibid., for "five rupees" (w.e.f. 16-2-1957). 5 Cl. (a) omitted by Act 20 of 1942, s. 4. 6 The brackets and letter "(b)" omitted by s. 4. ibid. 7 Subs, by Act 100 of 1956, s. 5, for "motor car" (w,e.f. 16-2- 1957). 8 Subs. by Act 27 of 1977, s. 2 (w.e.f. 1-1-1978). 9 Subs. & Ins. by Act 47 of 1978, S. 3 (w.e.f. 16-1-1979). --------------------------------------------------------------------- 32 1[Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence issued under this Act, unless it is satisfied that there is good reason for his inability to obtain a duplicate copy of his former licence.]

Form and contents of driving licence.

8.Form and contents of driving licence. (1) Every 2 [driving licence], except a 2 [driving licence] issued under section 14, shall be in Form D as set forth in the First Schedule and shall have affixed thereto one of the signatures or thumb impressions given on the form of application for the 2 [driving licence] 7[ and one of the

photographs referred to in sub-section (2) of section 7]

(2) A 2[driving licence] shall specify whether the holder is entitled to drive as a paid employee and whether he is entitled to I drive a 3[transport vehicle] and shall further be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: - (a) a motor cycle, 4[(b) invalid carriage, (c) light motor vehicle, 6(d) medium goods vehicle, (e) medium passenger motor vehicle, (ei) heavy goods vehicle, (eii) heavy passenger motor vehicle, (f) road roller, (g) motor vehicle of a specified description.]

5[8A.Additions to driving licence. (1) Any person holding a driving licence issued under this Chapter who is not for the time being disqualified for holding or obtaining a driving licence may apply in Form AA as set forth in the First Schedule, to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or, if the application relates to a licence to drive as a paid employee, in which the employer resides or carries on business, for the addition of another class of motor vehicle to the licence. --------------------------------------------------------------------- 1 Ins. by Act 100 of 1956, s. 5 (w.e.f. 16-2-1957). 2 Subs. by s. 6, ibid., for "licence" (w.e.f. 16-2-1957). 3 Subs. by s. 6, ibid., for "public service vehicle" (w.e.f. 16-2-1957). 4 Subs. by s. 6, ibid., for cls. (b) to (k) (w.e.f. 16-2- 1957). 5 Ins by s. 7, ibid. (w.e.f. 16-2-1957). 6 Subs. by Act 47 of 1978, S. 4 (w.e.f. 16-1-1979). 7 Subs. by Act 47 of 1982, S. 3 (w.e.f. 1-10-1982). ---------------------------------------------------------------------- 33

(2) The 1[ provisions of section 7 (except the provision requiring the application thereunder to be accompanied by three clear copies of a recent photograph of the applicant] shall apply to an application under this section as if the application were for the grant of a licence under that section to drive the class of motor vehicle which the applicant desires to be added to his licence:

Provided that the provisions of 11[sub-section (3)] of that section shall not apply where the applicant is the holder of a licence to drive as a paid employee or to drive a transport vehicle.

(3) No fee other than a fee for the test of competence to drive shall be charged for an addition to a driving licence under this section.]

Extent of validity of driving licence.

9.Extent of validity of driving licence.(1) Subject to any rules

made by a State Government under sub-section (3), a 1[driving licence] issued under the foregoing sections shall be effective throughout 2[India]. 3* * * *

(3) A State Government may, by rules made under section 21.- (a) provide that a specification entitling the holder of a 1[driving licence] 9[to drive as a paid employee or to drive a transport vehicle] shall be made in the 1[driving licence] only by or under the authority of the Regional Transport Authority constituted under Chapter IV, (b) regulate the submission of applications for such licences to the said authority, 6* 7*

Currency of driving licence. [10.Currency of driving licence. A driving licence issued or renewed under this Act [after the commencement of the Motor Vehicle (Amendment) Act, 1978] shall, subject to the provision contained in this Act as to the cancellation of driving licences and the disqualification of holders of driving licences for holding or obtaining driving licences, be effective without renewal for a period of 10[ five years] only from the date of the issue of the licence or, as the case may be, from the date with effect ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 8, for "licence" (w.e.f. 16-2- 1957). 2 Subs. by Act 3 of 1951, s. 3 and Sch.. for "the States".

3 Sub-section (2) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968). 4 Subs. by Act 100 of 1956, s. 8, for "public service vehicle" (w.e.f. 16-2-1957). 5 The word "or" omitted by s. 8. ibid. (w.e.f. 16-2-1957). 6 Cl. (c) omitted by s. 8, ibid. (w.e.f. 16-2-1957).

7 Sub-section (4) omitted by Act 25 of 1968. s. 2 and Sch. (w.e.f. 15-8-1968). 8 Subs. by Act 100 of 1956, s. 9, for the former section (w.e.f. 16-2-1957). 9 Subs. by Act 47 of 1978, s. 5 (w.e.f. 16-1-1979). 10 Ins. and Subs. s. 6, ibid. (w.e.f. 16-1-1979). 11 Subs. by Act 47 of 1982, s. 4 (w.e.f. 1-10-1982). ----------------------------------------------------------------------- 34 from which the licence is renewed under section 11 ; and the driving licence shall be deemed to continue to be effective for a period of thirty days after the date of its expiry:,] 6[Provided that a driving licence issued or renewed to drive as a paid employee or to drive a transport vehicle shall be effective without renewal for a period of three years only.]

Renewal of driving licences.

11.Renewal of driving licences.(1[(1) Any licensing authority may, on application made to it, renew a licence issued under the provisions of this Act with effect from the date of its expiry: Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: ] 2[Provided further that where the application is for the renewal of a licence to drive as a paid employee or to drive a transport vehicle or where in any other case the original licence was issued on production of a medical certificate, the same shall be accompanied by a fresh medical certificate in Form C as set forth in the First Schedule, signed by a registered medical practitioner, and the pro-

visions of sub-section (5) of section 7 shall apply to every such case.]

(2) An application for the, renewal of a 3[driving licence] shall be made in Form B as set 'forth in the First Schedule and shall contain the declaration required by that form ; provided that where the applicant does not or is unable to subscribe to the said declara-

tion the provisions of sub-section (5) of section 7 shall apply.

4[(3) Where an application for the renewal of a driving licence is made previous to, or not more than thirty days after, the date of its expiry, the fee payable for such renewal shall be 5[the amount specified in the rules made by the Central Government in this behalf"] (3A) Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be 5[the amount specified in the rules made by the Central Government in this behalf]

Provided that the fee referred to in. sub-section (3) may be accepted by the licensing authority, if it is satisfied that the applicant was prevented by good cause from applying within the time specified in that subsection: Provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licensing ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 10, for the former sub-section (w.e.f. 16-2-1957), 2 Ins. by Act 56 of 1969, S, 5 (w.e.f. 2-3-1970). 3 Subs. by Act 100 of 1956, s. 10, for "licence" (w.e.f. 16-2- 1957). 4 Subs. by s. 10, ibid., for the former sub-section (w.e.f. 16-2-1957) 5 Subs. by Act 27 of 1977, s. 3 (w.e.f. 1-1-1978). 6 Ins. by Act 47 of 1978, S. 6 (w.e.f. 16-1-1979). --------------------------------------------------------------------- 35 authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of com- petence to drive specified in the Third Schedule.] 1[(3B) When the authority to whom an application for the renewal of a licence to drive as a paid employee or to drive a transport vehicle is made, is not the authority which issued the licence sought to be renewed, it may, for the purpose of deciding whether the application for such renewal may be granted, verify the antecedents of the applicant in such manner as may be prescribed and pending the verification, such authority may grant a provisional licence for such period or periods not exceeding six months in the aggregate, subject to the condition that every such provisional licence shall cease to be effective immediately on the renewal of the licence sought to be renewed, or, as the case may be, on the refusal to renew the licence, and (i) where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed, (ii) where the application for renewal has not been rejected within the said period, the licence shall be renewed.]

(4) When the authority renewing the 1[driving licence] is not the authority which issued the 2 [driving licence], it shall intimate the fact of renewal to the authority which issued the 2[driving licence]. 7[11A.Special provision as to affixation of photograph in certain

cases on driving licences. (1) Every person whose application for the issue or renewal of a driving licence to drive other than as a paid employee or to drive a vehicle other than a transport vehicle is pending before any licensing authority immediately before the appointed day, shall, on or as soon as may be after the appointed day, forward three clear copies of his recent photograph to such licensing authority along with an application in writing for the affixation of such photograph on the driving licence.

(2) A driving licence to drive other than as a paid employee or to drive a vehicle other than a transport vehicle, issued or renewed under this Act before the appointed day shall cease to be effective on the expiry of six months from the appointed day, if it does not cease to be effective otherwise earlier, unless the holder of such licence makes, before the expiry of the said period of six months, an application to any licensing authority for the affixation of his photograph on the driving licence.

(3) An application under sub-section (2) shall give particulars relating to the name of the bolder of the driving licence, his temporary and permanent addresses, number and date of issue of the driving licence and the name of the licensing authority by whom the licence was issued and shall be accompanied by the driving licence and three clear copies of a recent photograph of the holder.

(4) No fee shall be chargeable with respect to any application made under this section.

(5) Where the authority to whom an application is made under

subsection (2) in respect of a driving licence is not the authority which issued the driving licence, it shall intimate the fact of affixation of the photograph on the driving licence to the authority which issued the driving licence. Explanation.-For the purposes of this section. "appointed day" mean the date of commencement of section 5 of the Motor Vehicles (Amendment) Act, 1982.]

Revocation of driving licence on grounds of disease or disability. 12.Revocation of driving licence on grounds of disease or disability. Notwithstanding anything contained in the foregoing sec- tions, [any licensing authority] may at any time revoke a 4 [driving licence] 5* * *, or may require, as a condition of continuing to hold such 4[driving licence], the holder thereof to furnish a fresh medical certificate in Form' C as set forth in the First Schedule signed as

required by sub-section (3) of section 7, if the licensing authority has reasonable grounds to believe that the holder of the 4 [driving licence] is, by virtue of any disease or disability, unfit. to drive a motor vehicle 6[and where the authority revoking a driving ---------------------------------------------------------------------- 1 Ins. by Act 56 of 1969, S. 5 (w.e.f. 2-3-1970). 2 Subs. by Act 100 of 1956, s.10. for "licence" (w.e.f. 16-2- 1957). 3 Subs. by s. 11, ibid., for "a licensing authority" (w.e.f. 16-2-1957). 4 Subs. by s. 11, ibid., for "licence" (w.e.f. 16-2-1957). 5 The words "issued by it" omitted by s. 11, ibid. (w.e.f. 16-2- 1957). 6 Ins. by s. 11, ibid. (w.e.f. 16-2-1957) 7 Ins. by Act 47 of 1982, s. 5 (w.e.f. 1-10-1982). ---------------------------------------------------------------------- 36 licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence].

Orders refusing or revoking driving licences and appeals therefrom. 13.Orders refusing or revoking driving licences and appeals

therefrom. (1) Where 1[a licensing authority refuses to issue or renew, or revokes, any driving licence, or refuses to add a class of motor vehicle to any driving licence], it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.

2[(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order.] 3* *

Licences to drive motor vehicles, the property of the CentralGovernment. 14.Licences to drive motor vehicles, the property of the Central

Government. (1) The authority specified in Part A of the Fourth Schedule may grant 4[driving licences], valid throughout 5[India], to persons who have completed their eighteenth year to drive motor vehicles which are the property 6[or for the time being under the exclusive control] of the Central Government 7 [and are used for Government purposes unconnected with any commercial enterprise].

(2)A 8[driving licence] issued under this section shall specify the class or classes of vehicle which the holder is entitled to drive and the period for which he is so entitled.

(3)A 9[driving licence] issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle which is the property 6[or for the time being under the exclusive control] of the Central Government.

(4)The authority issuing any 8[driving licence] under this section shall at the request of any State Government furnish such information respecting any person to whom a 8[driving licence] is issued as that Government may at any time require. ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 12, for " the licensing authority refuses to issue or revokes or refuses to renew any licence" (w.e.f. 16-2-1957). 2 Subs. by s. 12, ibid., for the original sub-section (w.e.f. 16- 2-1957).

3 Sub-section (3) omitted by s. 12, ibid. (w.e.f. 16-2-1957). 4 Subs. by s. 13, ibid., for "licences" (w.e.f. 16-2-1957). 5 Subs. by Act 3 of 1951. s. 3 and Sch. for the "the States". 6 Ins. by Act 20 of 1942, s.5. 7 Ins. by Act 100 of 1956, s. 13 (w.e.f. 16-2-1957). 8 Subs. by s. 13, ibid., for "licence" (w.e.f. 16-2-1957). --------------------------------------------------------------------- 37

Power of licensing authority to disqualify, for holding a drivinglicence. 15.Power of licensing authority to disqualify, for holding a

driving licence. (1) If a licensing authority is satisfied after giving him an opportunity of being heard that any person- (a) is a habitual criminal or a habitual drunkard, or (b) is using or has used a motor vehicle in the commission of cognizable offence, or (c) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public, it may, for reasons to be recorded in writing, make an order dis- qualifying that person for a specified period for holding or obtaining 1[any driving licence or a licence to drive a particular class or description of vehicle].

(2) Upon the issue of any such order a person affected, if he is the holder of a 2 [driving licence], shall forthwith surrender his 3[driving licence] to the licensing authority making the order, if the 2 [driving licence] has not already been surrendered, and the licensing authority shall- (a) if the 2[driving licence] is a licence issued under this Act, keep it until the disqualification has expired or has been removed. or (b) if it is not a 2 [driving licence] issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued: 3[Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and

the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder.]

(3) Any 'person aggrieved by an order made by a licensing authority under this section may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may make such inquiry into ----------------------------------------------------------------------- 1 Subs. by Act 56 of 1969, s. 6, for "a driving licence" (w.e.f. 2- 3-1970). 2 Subs. by Act 100 of 1956, s. 14, for "licence" (w.e.f. 16-2- 1957). 3 Ins. by Act 56 of 1969, s. 6 (w.e.f. 2-3-1970). ------------------------------------------------------------------------ 38 the matter as it thinks fit. An order made by any such appellate authority shall be final.

Power of Regional Transport Authority to disqualify.

16.Power of Regional Transport Authority to disqualify. (1) A Regional Transport Authority constituted under Chapter IV may for reasons to be recorded in writing and subject to any prescribed conditions declare any person disqualified, for a specified period, for holding or obtaining a licence to drive 1[any transport vehicle or a transport vehicle of a particular class or description] in the State.

3[(1A) Upon the issue of an order under sub-section (1), the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority which issued the driving licence (hereafter in this section referred to as the issuing authority), or, as the case may be, to the licensing authority by which the driving licence was last renewed (hereafter in this section referred to as the renewing authority), and the issuing authority or, as the case may be, the renewing authority shall endorse the fact of disqualification in the driving licence and keep it until the period of disqualification has expired or the disqualification has been removed: Provided that where the driving licence authorises a person to drive more than one class or description of motor vehicles and the

order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the authority to which the driving licence was surrendered shall endorse the fact of disqualification in the driving licence and return the same to the holder. (1B) Where an order of disqualification has been made under sub-

section (1), the period of disqualification shall be reckoned from the date of surrender of the driving licence to the issuing authority or the renewing authority, as the case may be, under subsection (1A), or from the date on which the relevant endorsement is made on the driving licence, whichever is earlier: Provided that in a case where the driving licence is, on the date on which the said order is made, in the possession of the issuing authority or the renewing authority or a police officer, the disquali- fication shall take effect from the date of 'the said orders.]

(2) Any person aggrieved by an order of a Regional Transport

Authority made under sub-section (1) may within thirty days of the receipt of intimation of such order appeal against the order to the prescribed authority.

Power of Court to disqualify.

17.Power of Court to disqualify.(1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used the Court by which such person is convicted may, subject to the provisions of this section, In addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified, for such period as the Court may specify, for holding any 2[driving licence] or for holding a 2[driving licence] to drive a particular class or description of vehicle.

(2) A Court shall not order the disqualification of an offender convicted for the first or second time of an offence punishable under section 115.

(3) A Court shall order the disqualification of an offender convicted of an offence punishable under section 117, and such disqualification shall be for a period of not less than six months.

(4) A Court shall order the disqualification of an offender convicted of an offence against the provisions of clause (c) of

subsection (1) of section 87 or of section 89, and such disqualification shall be for a period of not less than one month.

(5) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise,, order the disqualification of an offender- (a) who having been convicted of an offence punishable under section 116 is again convicted of an offence punishable under that section, ----------------------------------------------------------------------- 1 Subs. by Act 56 of 1969, s. 7, for "a transport vehicle" (w.e.f. 2-3-1970). 2 Subs. by Act 100 of 1956, s. 16. for "licence" (w.e.f. 16-2- 1957). 3 Inserted by Act 47 of 1978, s. 7 (w.e.f. 16.1.1979). ---------------------------------------------------------------------- 39 (b) who is convicted of an offence punishable under section 120 ; or (c) who is convicted of an offence punishable under section 123: Provided that the period of disqualification shall not exceed 3[ in the case referred to in clause (a), five years, or,in the case referred to in clause (b), two years] or, in the case referred to in clause (c), one year.

(6) A Court ordering the disqualification of an offender convicted of an offence punishable under section 116 may direct that the offender shall, whether he has previously passed the test of com- petence to drive specified in the Third Schedule or not, remain dis- qualified until he has subsequent to the making of the order of dis- qualification passed that test to the satisfaction of the licensing authority.

(7)The Court to which an appeal lies from any conviction of an

offence of the nature specified In sub-section (1) may set aside. or vary any, order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from any Court may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 4[17A.Suspension of driving licence in certain cases. Where, in relation to a person who had been previously convicted of an offence punishable under section 116, a case is registered by a police officer on the allegation that such person has by such reckless or dangerous driving as is referred to in the said section 116, caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall become, and shall remain, suspended- (a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.

(2)Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police

officer,by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and, thereupon, such Court shall, take possession of the driving licence endorse the suspension thereon and forward it to the licensing authority by which it was granted or last renewed and that authority shall, on receipt of the driving licence, keep it in its safe custody until the expiry of the period of suspension, or, as the case may be, until the holder of the licence is discharged or acquitted by the Court trying the offence. and shall, on such expiry or discharge or acquittal, as the case may be, return the licence to the holder thereof on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after such expiry, discharge or acquittal, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive specified in the Third Schedule.

(3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court competent to take cognizance of the offence

referred to in sub-section (1) shall, on the application of the holder of the driving licence, cancel the endorsement thereon with regard to the suspension of such driving licence. ---------A licence to drive a particular class or description of------

vehicles is suspended under sub-section (1), the person hold such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force. 17B.Suspension or cancellation of driving licence on conviction.

(1) Without prejudice to the provisions of sub-section (5) of section

17, where a person, referred to in sub-section (1) of section 17A, is convicted of an offence of causing, by such reckless or dangerous driving as is referred to in section 116, the death of, or grievous hurt to, one or more persons, the Court, trying such person on such charge, may cancel, or suspend for such period as it may think fit, the driving licence held by such person.

(2) Without prejudice to the provisions of sub-section (3) of section 17, if a person, having been previously convicted of an offence punishable under section 117, is again convicted of an offence punishable under that section, the court making such subsequent conviction, shall, by order, cancel the driving licence held by such person.

(3) section, the Court 'shall take the driving licence in its custody, endorse the cancellation or, the case may be, suspension, thereon and send the driving licence so cancelled or endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has after the expiry of the period of suspension, undergone and passed to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive specified in the Third Schedule.

(4) If a licence to drive a particular class or description of motor vehicles is suspended or cancelled under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the suspension or cancellation of the driving licence remains in force. Explanation.-For the purposes of this section, "Court making the conviction" means the Court by which the final order of conviction is made.]

Effect of disqualification order.

18.Effect of disqualification order.(1) A person in respect of whom any disqualification order is made shall be debarred to the extent and for the period specified in such order from holding or obtaining a 1(driving licence] and the 1[driving licence], if any, held by such person at the date of the order shall cease to be effective 2[to such extent and] during such period.

(2) The operation of a disqualification order made under section 17 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such made, unless the appellate Court so directs.

(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification and the Court or authority, as the case may be, may, having regard to all the circumstances, either remove or vary the order of disqualification: ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 16, for "licence" (w.e.f. 16-2-1957). 2 Ins.. by Act 56 of 1969, s. 8 (w.e.f. 2-3-1970). 3 Subs. by Act 27 of 1977, s. 4 (w.e.f. 1-9-1977). 4 Subs. by s. 5, ibid. (1-9-1977). ---------------------------------------------------------------------- 40 Provided that where an application has been made under this section a second application thereunder shall not be entertained before the expiry of a further period of three months.

Endorsement.

19.Endorsement.(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the 1[driving licence], it any, held by the person disqualified particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any removal or variation of an order of

disqualification made under subsection (3) of section 18 shall be similarly so endorsed.

(2) A Court by which any person is convicted of an offence specified in the Fifth Schedule shall, whether or not an order of disqualification is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any [driving licence] held by the person convicted.

(3) Any person accused of an offence specified in the Fifth Schedule shall when attending the Court bring with him his 3[driving licence] if it is in his possession.

Transfer of endorsement and issue of driving licence free fromendorsement. 20.Transfer of endorsement and issue of driving licence free

from endorsement. (1) An endorsement on any 1[driving licence] shall be transferred to any new or duplicate 1[driving licence] obtained by the holder thereof until the holder becomes entitled under the pro- visions of this section to have a 1[driving licence] issued to him free from endorsement.

(2) Where a 1[driving licence] is required to be endorsed and the 1[driving licence] is at the time not in the possession of the Court or authority by which the endorsement is to be made then- (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a 1[driving licence], he shall produce the 1[driving licence] to the Court or authority within five days, or such longer time as the Court or authority may fix, or (b) if, not being then the holder of a 1[driving licence], he subsequently obtains a 1[driving licence], he shall within five days after, obtaining the 1[driving licence] produce it to the Court or authority; ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956.'s. 16, for "licence" (w.e.f. 16-2- 1957). ----------------------------------------------------------------------- 41 and if the 1[driving licence] is not produced within the time specified it shall on the expiration of such time be of no effect until it is produced for the purpose of endorsement.

(3) A person whose 1[driving licence] has been endorsed shall, if during a continuous period of three years since the last endorsement was made no further order of endorsement has been made against him, be entitled, on surrendering his 1[driving licence] and on payment of a fee of five rupees, to receive a new 1[driving licence] free from all endorsements. If the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a clean 1[driving licence] issued on the expiration of one year from the date of the order: Provided that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a 1[driving licence] shall be excluded.

(4) When a 1[driving licence] is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the 1[driving licence] was last renewed and to the licensing authority which granted the 1[driving licence].

(5) Where the holder of a 1 [driving licence] is disqualified by the order of any Court for holding or obtaining a 1[driving licence], the Court shall take possession of the 1[driving licence] and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the 1[driving licence] until the disqualification has expired or has been removed and the person entitled to the 1[driving licence] has made a demand in writing for its return to him: Provided that, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the Court shall endorse the 1[driving licence] to this effect and shall send a copy of the order of disqualification to the licensing authority by which the 1[driving licence] was granted and shall return the 1[driving licence] to the holder.

(6) Where on an appeal against any conviction or order of a Court which has been endorsed on a driving licence,the appellate Court varier, or sets aside the conviction or order, the appellate Court shall inform the licensing authority by which the 1[driving licence] was last ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 16, for "licence" (w.e.f. 16-2-1957). ---------------------------------------------------------------------- 42 renewed and the licensing authority which granted the 1[driving licence], and shall amend or cause to be amended the endorsement of such conviction or order. 9[20A.Power of Central Government to make rules. The Central Government may, by notification in the Official Gazette, make rules

specifying the fees payable tinder subsection (8) of section 7 and

sub-sections (3) and (3A) of section 11 for the grant or renewal of driving licences.]

Power to make rules.

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

(2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities: 2(aa) the minimum qualifications of persons to whom licences to drive transport vehicles are issued, the time within which such qualification are to be acquired by persons holding immediately before the commencement of the licensing authorities and other prescribed authorities. Motor Vehicles (Amendment) Act, 1969, licences to drive transport vehicles, and the duties, functions and conduct of such persons ;] 10[(aaa) the minimum educational qualifications of persons to whom licences to drive transport vehicles are issued after the commencement of the Motor Vehicles (Amendment) Act, 1978 and the time within which such qualifications are to be acquired by such persons;] 3[(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees : Provided that no fee so fixed shall exceed two rupees;] (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete, and the issue of temporary, licences to persons receiving instruction in driving 4[or to persons whose driving licences have been surrendered], and the fees to be charged therefore; (d) the conditions subject to which a Regional Transport Authority may disqualify a person for holding a 5[driving licence] to drive a 6[transport vehicle] ; 7[(dd) the badges and uniform to be worn by drivers of 8[transport vehicles] the fees to be paid in respect of badges;] ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 16, for "licence" (w.e.f. '16-2-1957). 2 Subs. by Act 56 of 1969, s. 9, for cl. (aa) (w.e.f. 1-10- 1970). 3 Subs. by Act 20 of 1942, s. 6, for the original cl. 4 Ins. by Act 100 of 1956, s. 17 (w.e.f. 16-2-1957). 5 Subs. by s. 17, ibid., for "licence" (w.e.f. 16-2-1957). 6 Subs. by s. 17, ibid., for "public service vehicle" (w.e.f. 16-2-1957). 7 Ins. by s. 17, ibid. (w.e.f. 1-8-1957). 8 Subs. by Act 56 of 1959, s. 9, for certain words (w.e.f. 1- 10-1970). 9 Ins. by Act 27 of 1977, s.6 (w.e.f. 1-1-1978). 10 Ins. by Act 47 of 1978, s. 8 (w.e.f. 16-1-1979). ----------------------------------------------------------------------- 42A (e) the medical examination and testing of applicants for licences and of drivers and the fees to be charged therefor ; 1[(f) the exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter;] (g) the granting by registered medical practitioners of the

certificates referred to in sub-section (3) of section 7 ; (h) the communication of particulars of licences granted by one licensing authority to other licensing authorities ; (i) the control of schools or establishments for the instruction of drivers of motor vehicles, 2[(including the registration of such schools or establishments) and the acceptance of driving certificates issued by such schools or establishments as qualifying the holder for exemption from Part I of the test specified in the Third Schedule; (j) the exemptions of drivers of road-rollers from all or any of the provisions of \this Chapter or of the rules made thereunder ; and (k) any other matter which is to be or may be prescribed. CHAP LICENSING OF CONDUCTORS OF STAGE CARRIAGES [CHAPTER IIA LICENSING OF CONDUCTORS OF STAGE CARRIAGES

21A.Necessity for conductor's licence. (1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor's licence issued to him authorizing him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. ---------------------------------------------------------------------- 1 Subs. by Act 20 of 1942, s. 6, for the original cl. 2 Ins. by Act 56 of 1969, s. 9 (w.e.f. 1-10-1970). 3 Ins. by Act 100 of 1956, s. 18 (w.e.f 1-8-1957). ------------------------------------------------------------------------ 43

(2) A State Government may prescribe the conditions subject to

which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month.

21B.Grant of conductor's licence. (1) Any person who is not

disqualified under sub-section (1) of section 21C and who is not for the time being disqualified for holding or obtaining a conductor's licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor's licence.

(2) Every application under sub-section (1) shall be in such form as may be prescribed and shall be signed by, or bear the thumb impression of, the applicant in two places, and shall contain the information required by the form.

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

(4) A conductor's licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed.

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

21C.Disqualifications for the grant of conductor's licence. (1) No person under the age of eighteen years shall hold, or be granted, a conductor's licence.

(2) The licensing authority may refuse to grant a conductor's licence- (a) if the applicant does not possess the prescribed qualifications; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and (c) if any previous conductor's licence held by the applicant was revoked. 21D. Revocation of a conductor's licence grounds of disease or disability. A conductor's licence may at any time be revoked by any licensing authority or any Regional Transport Authority constituted under Chapter IV, if the authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or 44 disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence. 21E.Orders refusing, etc., conductor's licences and appeals

therefrom. (1) Where a licensing authority refuses to issue or renew or revokes any conductor's licence, it shall do so by an order commu- nicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order. appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order. 21F.Powers of licensing authority and Regional Transport

Authority to disqualify. (1) If any licensing authority or any Regional Transport Authority constituted under Chapter IV is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor's licence.

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

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

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

21G.Power of Court to disqualify. (1) Where any person holding a conductor's licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment 45 authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's licence.

(2) The Court to which an appeal lies from any conviction of an

offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from the Court below, may set aside or vary any order of disqualification made by that Court, not- withstanding that no appeal lies against the conviction in connection with which such order was made. 21H.Certain provisions of Chapter II to apply to conductor's

licence. The provisions of sub-section (2) of section 6, sub-section

(1) of section 9, sections 10, 11 and 18, sub-section (1) of section 19 and section 20 shall, so far as may be, apply in relation to a conductor's licence, as they apply in relation to a driving licence. 211.Savings. If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued by any State Government and is effective immediately before the commencement of this Chapter in that State, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if the Motor Vehicles (Amendment) Act, 1956, had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted.

21J.Power to make rules. (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the appointment, jurisdiction, control and functions of, licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which drivers of stage carriages and persons temporarily employed may be exempted from the provisions of this Chapter; (c) the form of application for conductor's licences or for renewal of such licences and the particulars it may contain ; (d) the form in which conductor's licences may be issued or renewed and the Particulars it may contain; 46 (e) the minimum qualifications of conductors; their duties and functions and the conduct of persons to whom conductor's licences are issued; (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed two rupees; (h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges; (i) the granting by registered medical practitioners of the

certificates referred to in sub-section (3) of section 21B and the form of such certificates; (j) the communication of particulars of conductor's licences from one authority to other authorities; and (k) any other matter which is to be, or may be, prescribed.] CHAP REGISTRATION OF MOTOR VEHICLES CHAPTER III REGISTRATION OF MOTOR VEHICLES

Necessity for registration.

22.Necessity for registration.(1) No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner. 1 * * *

Registration, where to be made. 23.Registration, where to be made. 2* * * Subject to the provisions of 3[section 24A,] section 25 and section 39, every owner of a motor vehicle shall cause the vehicle ----------------------------------------------------------------------

1 Sub-section (2) omitted by Act 100 of '1956, s. 19 (w.e.f. 16-2-1957).

2 The brackets and figure "(1)" omitted by Act 20 of 1942, s. 7. 3 Ins. by Act 100 of 1956, s. 20 (w.e.f. 16-2-1957). ----------------------------------------------------------------------- 47 to be registered by a registering authority in the State in which he has the residence or place of business where the vehicle is normally kept.

Registration, how to be made.

24.Registration, how to be made.(1) An application by or on behalf of the owner of a motor vehicle for registration shall be in Form E as set forth in the First Schedule, shall contain the information required by that form, and shall be accompanied by the prescribed fee: 2 [Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.]

(2) The registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in Form G as set forth in the First Schedule and shall enter in a record to be kept by it particulars of such certificate.

(3) The registering authority shall assign to the vehicle, for display thereon in the prescribed manner, a distinguishing mark (in this Act referred to as the registration mark) consisting of 4[one of the groups of such of these letters as are allotted to the State by the Central Government from time to time by notification in the Official Gazette,] followed by a number containing not more than four figures: 4[Provided that 6[the figures aforesaid shall be shown in Arabic numerals and the letters and figures aforesaid shall be shown]. (a) in the case of transport vehicles, in black on a white ground; (b) in the case of motor vehicles temporarily registered, in red on a yellow ground; (c) in the case of motor vehicles in the possession of dealers, in white on a red ground; (d) in other cases, in white on a black ground.]

5[(4) A certificate of registration issued under sub-section (2), whether before or after the commencement of the Motor Vehicles (Amendment) Act, 1978, in respect of a motor vehicle, other than a transport vehicle, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate and shall be renewable.

(5) An application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration shall be made within such period as may be prescribed, in Form F as set forth in the First Schedule, shall contain the information required by that Form and shall be accompanied by the prescribed fee.

(6) Where in the case of a certificate of registration issued under this Act before the commencement of the Motor Vehicles (Amendment) Act, 1978, in respect of a motor vehicle, other than a transport vehicle, the period of fifteen years referred to in sub-

section (4) has expired at such commencement, the holder of such certificate shall apply for the renewal of the said certificate in Form F as set forth in the First Schedule to the registering authority within six months from such commencement or within such extended period not exceeding six months as the authority may, on sufficient cause being shown, allow, and such application shall contain the information required by that Form and shall be accompanied by the prescribed fee.

(7) The registering authority may, on receipt of an application

under sub-section (5) or sub-section (6), renew the certificate of registration for the prescribed period-:] 3[(24A).Special provision for registration of motor vehicles of

diplomatic officers, etc. (1) Where an application for registration of

a motor` vehicle is made under sub-section (1) of section 24 by or on behalf of any diplomatic officer consular officer, then,

notwithstanding anything contained in sub-section (2) or sub-section

(3) of that section,: the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under

sub section (3) and shall assign to the vehicle for display thereon special registration mark in accordance with the provisions contained in those rules and shall issue a certificate that the vehicle has been registered under this section ; and any vehicle so registered shall not so long as it remains the property of any diplomatic office or consular officer, require to be registered otherwise under this Act. ----------------------------------------------------------------------

1 Sub-sections (2) and (3) omitted by Act 20 of 1942, s. 7. 2 Added by Act 100 of 1956, s. 21 (w.e.f. 16-2-1957). 3 Ins.by s. 22, ibid., (w.e.f. 1-6-1960). 4 Subs. and Ins. by Act 47 of 1978, s. 9 (w.e.f. 22-9-1979). 5 Ins. by ibid. (w.e.f. 16-1-1979). 6 Subs. by Act 47 of 1982, s. 6 (w.e.f. 1-10-1982). ------------------------------------------------------------------------ 48

(2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of section 23 shall thereupon apply.

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

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

Temporary registration.

25.Temporary registration.(1) Notwithstanding anything contained in section 23, the owner of a motor vehicle may apply to any registering authority 1[or other prescribed authority] to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark.

(2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable: 2 [Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods so, however, that the total period of such temporary registration may not exceed, in any case, three months.]

Production of vehicle at time of registration.

26.Production of vehicle at time of registration. 3[(1)] The registering 4[authority shall 5[before proceeding to register a motor vehicle or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle or, as the case may be, for renewing the certificate of registration.] to produce the vehicle either before itself or such ---------------------------------------------------------------------- 1 Ins. by Act 100 of 1956, s. 23 (w.e.f. 16-2-1957). 2 Ins. by Act 56 of 1969, s. 10 (w.e.f. 2-3-1970),

3 S. 26 renumbered as sub-section (1) of that section by Act 100 of 1956, s. 24, (w.e.f. 16-2-1957). 4 Subs. by s. 24, ibid., for, "authority may before" (w.ef. 16-2- 1957). 5 Subs. by Act 47 of 1978, s. 10 (w.e.f. 16-1-1979). ------------------------------------------------------------------------ 49 authority as the State Government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of Chapter V and of the rules made thereunder.

1[(2) Nothing in sub-section (1) shall apply to any motor vehicle owned by or on behalf of the Government.]

Refusal of registration or renewal of the certificate of registration. 8[27.Refusal of registration or renewal of the certificate of registration. The registering authority may, by order,. refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case the vehicle is mechanically defective or fails to comply with the requirements of Chapter V or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnish inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate of registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal.]

Effectiveness in India of registration.

28.Effectiveness in India of registration.(1) Subject to the provisions of section 29, a motor vehicle registered in accordance with this Chapter in any State 3* * * shall not require to be registered 4[elsewhere in India] and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout 5[India]. 6* * * 7* * * ---------------------------------------------------------------------- 1 Ins. by Act 100 of '1956, s. 24 (w.e.f. 16-2-1957). 2 Ins. by Act 56 of 1969, s. 11 (w.e.f. 2-3-1970). 3 The words "or deemed to be registered under this Act" omitted by Act 20 of 1942, s. 8. 4 Subs. by the A.0. 1950 for "in any other Province". 5 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States" 6 Proviso omitted by Act 20 of 1942, s. 8.

7 Sub-sections (2), (3), (4) and (5) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968) 8 Subs. by Act 47 of 1978, s. 11 (w.e.f. 16-1-1979). ---------------------------------------------------------------------- 50

Assignment of fresh registration mark on removal to another State. 29.Assignment of fresh registration mark on removal to another

State.(1) 1[When a motor vehicle- (a) registered in one State has been kept in another State, 2* * * for a period exceeding twelve months,] the owner of the vehicle shall apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: 4[Provided that an application under this subsection shall be accompanied- (i) by a no objection certificate obtained under section 29A, or (ii) in a case where no such certificate has been obtained, by-

(a) a receipt obtained under sub-section (2) of section 29A; or (b) a postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by 'registered post acknowledgement due to the registering authority referred to in section 29A, together with. a declaration that he has not received any com- munication from. such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted.]

(2) The registering authority, to which application is made

under sub-section (1), shall assign the vehicle a registration mark

5[as specified in sub-section (3) of section 24] to be carried thenceforth on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. 4[(2A) Where a motor vehicle is held tinder a hire-purchase agreement or is subject to hypothecation, the registering authority shall, after assigning the vehicle a registration mark under sub-

section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire-purchase agreement or, as the case may be, the person in whose favour the vehicle is subject to hypothecation (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration) the 'fact of assignment of the said registration mark.]

(3) A State Government may make rules under section 41 requiring the owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State, to furnish to a prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed.

6[29A.No objection Certificate. (1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-

section (1) of section 29 to the registering authority within whose jurisdiction the vehicle is, or the transferor of any motor vehicle

when reporting the transfer under sub-section (1) of section 31 to the registering authority within whose jurisdiction the transfer is to be effected, shall make an application in such form and in such manner as may be prescribed to the registering authority by which the vehicle was previously registered for the issue of a certificate (hereafter in this ,section referred to as the no objection certificate), to the effect that the registering authority has no objection for entering a new registration mark in the certificate of registration or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration.

(2) The registering authority shall, on receipt of an

application under sub-section (1), issue a receipt in such form as may be prescribed.

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

(4) Where within a period of thirty days referred to in sub-

section (3), the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate.'

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

Change of residence or place of business.

30.Change of residence or place of business. (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration 'of the vehicle, he shall, within thirty days of any such change of address, intimate his new address to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered therein. 7 [(1A) If the owner of a motor vehicle fails to intimate, his new address to the concerned registering authority within the period

specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 112, such amount not exceeding one hundred rupees as may be prescribed under subsection (1C): Provided that action under section 112 shall be initiated against the Owner where he fails to pay the said amount. (1B) Where a person has paid the amount under sub-section (1A), no action shall be taken against him under section 112. (1C) For the purposes of sub-section (1A), a State Government may Prescribe different amounts having regard to the period of delay in intimating the change in the place of residence, or place of business, or both, as recorded in the certificate of registration.]

(2) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. ----------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 26, for certain words (w.e.f. 16-2-1957). 2 The word " or " and cl. (b) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968). 3 S. 29A omitted by Act 56 of 1969, s. 12 (w.e.f. 2-3-1970). 4 Added & ins. by Act 47 of 1978, s.12 (16-1-1979). 5 Subs , ibid. (w.e.f. 17-1-1983). 6 Ins. by s. 13, ibid. 7 Ins. by s.14, ibid. ------------------------------------------------------------------------ 51

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

Transfer of ownership.

31.Transfer of ownership. 1[(1) Where the ownership of any motor vehicle registered under this Chapter is transferred:- 3 [(a) the transferor shall- (i) within fourteen days of the transfer, report the fact of transfer to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; (ii) within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)- (A) a no objection certificate obtained under section 29A; or (B) in a case where no such certificate has been obtained,-

(I) a receipt obtained under sub-section (2) of section 29A; or (II) a postal acknowledgement received by the transferor if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 29A, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;" (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he resides, and shall forward the certificate of registration to that registering authority to- gether with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.] 3[(1A) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified

in clause (a) or clause (b) of sub-section (1), the registering authority may, having regard to the circumstances of the case, require the transferor or, as the case may be, the transferee, to pay, in lieu of any action that may be taken against the transferor or the transferee under section 112, such amount not exceeding one hundred rupees as may be prescribed under sub-section (1C): Provided that action under section 112 shall be initiated against the transferor or the transferee, where the transferor or, as the case may be, the transferee fails to pay the said amount. (1B) Where a person has paid the amount under subsection (1A), no action shall be taken against him under section 112. (1C) For the purposes of sub-section (1A), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle.]

(2) A registering authority other than the original registering authority making any such entry shall communicate the transfer of ownership to the original registering authority. 2[31A.Special provisions regarding motor vehicles subject to

hire-purchase agreement. (1) Where an application for registration of a motor vehicle which is held under a hire-purchase agreement is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement.

(2) When the ownership of any motor vehicle registered undo this Chapter is transferred and the transferee enters into a hire purchase agreement with any person, the registering authority shall on receipt of an application from the parties to that agreement make an entry as to the existence of such hire-purchase agreement in the certificate of registration.

(3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the registering authority on proof of the termination of the hire-purchase agreement by the parties concerned. ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s.27, for the original sub-section (w.e.f 16-2-1957). 2 Ins. by Act 56 of 1969, s. 13 (w.e.f. 1-10-1970). 3 Subs. & Ins. by Act 47 of 1978, s.15 (w.e.f. 16-1-1979). ----------------------------------------------------------------------- 52

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

(5) Where the person whose name has been specified in the cer- tificate of registration as the person with whom the registered owner has entered into a hire-purchase agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgment due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate 3[and issue a fresh certificate of registration to the person with whom the registered owner has entered into the hire- purchase agreement: Provided that a fresh certificate of registration issued in respect of a motor vehicle, unless the person pays the prescribed fee: Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force"] 2[(5A) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit make an application to the person with whom the registered owner has entered into a hire- purchase agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). Explanation,-In this section, "appropriate authority", in relation to any permit, means the authority which is authorised by this Act to renew such permit. (5B) Within seven days of the receipt of an application under sub-section (5A), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for, and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. (5C) The registered owner shall, while applying to the appropriate authority for the renewal of any permit, submit with such application the certificate, if any, obtained under sub-section (5B) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, ,or, as the case may be, a declaration that he has not received any communication from the financier within the period specified in that sub-section. (5D) On receipt of an application for the renewal of any permit under this section, the appropriate authority may subject to the other provisions of this Act- (i) in a case where the financier has refused to issue certificate applied for, after giving the applicant an opportunity of being heard, either renew, or refuse to renew, the permit; (ii) in any other case, renew the permit-]

(6) The provisions of sub-sections (1) to [(5D)]2 so far as may be, apply to a motor vehicle which is subject to hypothecation they apply to any motor vehicle which is held under a hire-purchase agreement.]

Alteration in motor vehicle.

1 [32.Alteration in motor vehicle. (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration no longer accurate, unless- (a) he has given notice to the registering authority within whose jurisdiction he resides of the alteration he proposes to make ; and (b) he has obtained the approval of the registering authority to make such alteration: Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of the, motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two per cent. of the weight entered in the certificate of registration. ---------------------------------------------------------------------- 1 Subs, by Act 100 of 1956, s. 28, for original s. 32. (w.e.f. 16-2-1957). 2 Subs. & Ins. by Act 47 of 1978, s. 16 (w.e.f. 16-1-1979). ----------------------------------------------------------------------- 52A

(2) Where a registering authority has received notice under sub-

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

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

(4) Where any alteration has been made in a motor vehicle either with the approval of the registering authority given or deemed to have

been given under sub-section (2) or by reason of any change in its

engine number without such approval, under sub-section (3) the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority with in whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein.

(5) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. 32A.Power of State Government to require the production of certificates of registration in certain cases. Where a State Government is of opinion that particulars relating to the colour or colours of the body, wings and front end of any class of motor vehicles registered before the commencement of the Motor Vehicles (Amendment) Act, 1956, should be entered in the certificates of registration relating to such vehicles, the State 53 Government may, by notification in the Official Gazette, require the owners of such class of motor vehicles to produce their certificates of registration before the registering authority within such time as may be specified in the notification.]

Suspension of registration.

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

(2) An authority other than a registering authority shall, when

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

(3) Where the registration of a motor vehicle has been suspended

under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension; and when the suspension has continued without interruption for a period of not less than six months, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 29, for. the original sub-section (w.e.f. 16-2-1957). ----------------------------------------------------------------------- 54 registration, and, if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel it forthwith.

(4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration and any token or card issued to authorise the use of the vehicle in a public place.

(5) A certificate of registration and any token or card

surrendered under sub-section (4) 1 shall be returned to the owner when the order suspending registration has been rescinded and not before.

Cancellation of registration.

34,Cancellation of registration. (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he' resides and shall forward to that authority the certificate of registration of the vehicle together with any token or card issued to authorise the use of the vehicle in a public place.

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

(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make 1[(by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration)] it is satisfied that the vehicle is in such a condition that 1 [it is incapable of being used or] its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration of the vehicle.

(4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of 2[India], the registering authority shall cancel the registration. 3[(4A) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the certificate of registration of the vehicle.]

(5) A registering authority cancelling the registration of a motor vehicle under section 33 or under this section shall communicate ---------------------------------------------------------------------- 1 Ins. by Act 100 of 1956, s. 30 (w.e.f. 16-2-1957). 2 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States" 3 Ins. by Act 47 of 1978, s.17 (w.e.f. 16-1-1979). ----------------------------------------------------------------------- 55 the fact in writing to the owner of the vehicle and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle/ and any token or card issued to authorise the use of the vehicle in a public place.

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

(7)The expression "original registering authority" in this section and in sections 30, 31, 32 and 33 means the registering authority in whose records the registration of the vehicle is recorded.

3[(8) In this section, "certificate of registration" includes a certificate of registration renewed under the provisions of this Act.]

Appeals.

35.Appeals. (1) Any owner of a motor vehicle aggrieved by an order of refusal under section 27 4[to register a motor vehicle or to renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle) or under section 29A to issue a no objection certificate] or under sub-section (1 ) section 38 to issue a certificate of fitness or by an order of suspension or cancellation made under section 33 or 34 or by an order of cancellation under sub-

section (3) of. section 38 may, within thirty days- of the date. on, which he has- received notice of such order, appeal against the order to the prescribed authority.

(2)- The appellate- authority shall give notice of the appeal to the original authority and after giving opportunity to the original authority and the appellant, to be heard either personally or by pleader in the appeal pass such orders as it thinks fit. 1* * * * *

Special provisions in regard to transport vehicles.

1[36.Special provisions in regard to transport vehicles. (1)- Having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, other than a motor cab, and its make and model and other relevant considerations, 5[the Central Government may] by notification in the Official Gazette, specify in relation- to each make and model of a transport vehicle the maximum safe laden weight of such vehicle and the maximum safe axle weight of each axle of such vehicle.

(2) A registering authority, when registering a transport vehicle other than a motor cab, shall enter in the record of registration and ---------------------------------------------------------------------

1 Proviso to sub-section (2) omitted by Act 100 of 1956, s. 31 (w.e.f. 16-2-1957). 2 Subs. by s. 32, ibid., for former ss. 36 and 37 (w.e.f. 15-1- 1959). 3 Ins. by Act 47 of 1978, s.17 (w.e.f. 16-1-1979). 4 Subs. by s.18, ibid. (w.e.f. 16-1-1979). 5 Subs. by Act 47 of 1982, s.7 (w.e.f. 1-10-1982). ----------------------------------------------------------------------- 56 shall also enter in the certificate of registration of the vehicle the following particulars, namely :- (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel ; (c) the registered laden weight of the vehicle and the registered axle weights pertaining to the several axles thereof ; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods', the number of passengers for whom accommodation is provided and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.

(3) There shall not be entered in the certificate of registration of any such vehicle any laden weight of the vehicle or a registered axle weight of any of its axles 1[different from that]

specified in the notification under sub-section (1) in relation to the make and model of the vehicle and to the number, nature and size of the tyres attached to its wheels : Provided that where it appears to 2[the Central Government ] that heavier weight than those specified in the notification under

sub-section (1) may be permitted in a particular locality for vehicles of a particular type 2[the Central Government] may, by order in the Official Gazette, direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order.

(4) When by reason of any alteration in such vehicle, including an alteration in the number, nature or size of its tyres, the registered laden weight of the vehicle or the registered axle weight: of any of its axles no longer accords with the provisions of sub- section the provisions of section 32 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weights which accord with the said sub- section.

(5) In order that the registered weight entered in the certificate of registration of a vehicle may be revised in accordance

with the provisions of sub-section (3), the 'registering authority may require the owners of transport vehicles in accordance with such procedure as may be prescribed to produce the certificates of registration within such time as may be specified by the registering authority.] ---------------------------------------------------------------------- 1 Subs. by. Act 56 of 1969, s. 14 (w.e.f. 2-3-1970), 2 Subs. by Act 47 of 1982, s.7 (w.e.f. 1-10-1982). ------------------------------------------------------------------------ 57

Certificate of fitness of transport vehicles.

38.Certificate of fitness of transport vehicles. (1) Subject to the provisions of section 39, a transport vehicle shall not be deemed to be validly registered for the purposes of section 22, unless it carries a certificate of fitness in Form H as set forth in the First Schedule, issued by the prescribed authority, to the effect that the vehicle complies for the time being with all the requirements of Chapter V and the rules made thereunder. Where the prescribed authority refuses to issue such certificate, it shall supply 'the owner of the vehicle with its reasons in writing for such refusal.

1[(2) Subject to the provisions of sub-section (3), a certificate of fitness shall remain effective for such period, not being in any case more than two years or less than six months, as may be specified

in the certificate by the prescribed authority under sub-section (1): ] 2[provided that this sub-section shall, in respect of a certificate of fitness relating to a new transport vehicle registered for the first time and not plying in. hilly areas, have effect as if for the words it six months ", the words " one year " were substituted. Explanation.-In this subsection, the expression " hilly areas means such areas as the State Government may, having regard to the elevation and topography, by notification in the Official Gazette, declare to be hill areas.]

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

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

Registration of vehicles, the property of the Central Government. 39.Registration of vehicles, the property of the Central

Government. (1) The authority specified in Part B of the Fourth Schedule may register any motor vehicle which is the property 4 [or for the time being under the exclusive control] of the Central Government and any vehicle so registered shall not, so long as it remains the ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 33, for the former sub-section (w.e.f 16-2-1957). 2 Ins. by Act 56 of 1969, s. 15 (w.e.f. 2-3-1970). 3 Subs. by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968). 4 Ins. by Act 20 of 1942, s. 11. ------------------------------------------------------------------------ 58 property 1[or under the exclusive control] of the Central Government, require to be registered otherwise under this Act.

(2) A transport vehicle registered under this section shall carry a certificate 2[to the effect that the vehicle complies for the time being with all the requirements of Chapter V and the rules made

thereunder] issued by the authority referred to in sub-section (1).

(3) An authority registering a vehicle under sub-section (1) shall assign a registration mark in accordance with the provisions contained in the Fourth Schedule and shall issue a certificate in respect of the vehicle that the vehicle has been registered under this section.

(4) If a vehicle registered under this section ceases to be the property 1[or under the exclusive control] of the Central Government, the provisions of section 23 shall thereupon apply.

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

Application of Chapter III to trailers.

40.Application of Chapter III to trailers.(1) The registration mark assigned to a trailer 'shall be displayed in the prescribed manner on the side of the vehicle.

(2) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed in the prescribed manner on the trailer or on the last trailer in the train, as the case may be.

Power to make rules.

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

(2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the conduct and hearing of appeals that may be preferred under this Chapter, 3[the, fees to be paid in respect of such appeals and the refund of such fees]; (b) the appointment, functions and jurisdiction of registering and other prescribed authorities; 4[(ba) the period within which an application for renewal of a certificate of registration in respect of a motor vehicle, other than a transport vehicle, may be made and the period for which such certificate may be renewed;] ---------------------------------------------------------------------- 1 Ins. by Act 20 of 1942, s. 11. 2 Subs. by Act 100 of 1956, s 34, for " of fitness in Form H as set forth in the First Schedule " (w.e.f. 16-2-1957). 3 Added by Act 20 of 1942, s. 12. 4 Ins. by Act 47 1978, s.19 (w.e.f. 16-1-1979). ---------------------------------------------------------------------- 59 1[(c) 7[the issue or renewal] of certificates of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or mutilated; (cc) the production-of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the registered weight or the colour or colours of the body, wings and front end of vehicles;] (d) -the temporary registration of motor vehicles, and the issue temporary certificates of registration and marks; 7[(da) the form in which and the manner in which an appli- cation for no objection certificate may be made under sub-

section (1) of section 29A and the form of receipt to be

issued under sub-section (2) thereof;] (e) the manner in which registration marks and the

particulars referred to in 2[subsection 3[(2)] of section 361, and other prescribed particulars shall be -exhibited; (f) the fees to be charged for 7[the issue or renewal] or alteration of certificates of registration 4[for making or cancelling an endorsement in respect of an agreement of hire- purchase or hypothecation on a certificate of registration,] for certificates of fitness, for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees; 5[(ff) the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter.) (g) the forms, other than those set forth in the First Schedule, to be used for the purposes of this Chapter; (h) the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the State of particulars of such vehicles and their registration; 6* * * 7[(i) the amount or amounts under sub-section (1C) of see on 30 or sub-section (1C) of section 31;] (j) the extension of the validity of certificates of fitness pending consideration of applications for their, renewal; ---------------------------------------------------------------------- 1 Subs. by Act 100 of 1956, s. 35, for the original cl. (c) (w.e.f. 16-2-1957).

2 Subs. by Act 58 of 1960, s. 3 and Sch II, for "sub-section (1) of section 37".

3 Subs. by Act 56 of 1969, s. 16, for "(3)" (w.e.f. 1-10-1970). 4 Ins. by s. 16, ibid. (We.f. 2-3-1970). 5 Ins. by Act 20 of 1942, s. 12. 6 Cl. (i) omitted by Act 100 of 1956, s. 35 (w.e.f. 16-2-1957). 7 Subs. and ins. by Act 47 of 1978, s. 19 (w.e.f. 16-1-1979). ----------------------------------------------------------------------- 60 (k) the exemption from the provisions of this Chapter, and the conditions and fees for exemption, of motor vehicles in the possession of dealers