REGISTERED No. D. 222
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 82] NEW DELHI, WEDNESDAY, MAY 1, 1963/VAISAKHA 11, 1885
MINISTRY OF STEEL & HEAVY INDUSTRIES
(Department of Heavy Industries)
ORDER
New Delhi, the 1st May 1963
S.O. 1274.—Whereas it appears to the Central Government that it is necessary so to do for securing the equitable distribution and availability at fair prices of commercial vehicles;
Now, therefore, in exercise of the powers conferred by section 18G of the Indus- tries (Development and Regulation) Act, 1951 (65 of 1951), the Central Govern- ment hereby makes the following order, namely:—
1 Short title, extent and commencement.—(1) This order may be called the Commercial Vehicles (Distribution and Sale) Control Order, 1963.
(2) It extends to the whole of India.
(3) It shall come into force on the 1st day of May, 1963.
2. Definitions.—In this Order, unless the context otherwise requires,—
(a) "Controller" means a person appointed by the Central Government to be the Controller of Commercial Vehicles for the purposes of this Order;
(b). "dealer" means a dealer or sub-dealer in commercial vehicles, and includes an agent appointed by a manufacturer for the sale of com- mercial vehicles;
(c) "manufacturer" means a manufacturer specified in Schedule I;
(d) "commercial vehicle" means a motor vehicle of any description specified in Schedule I, manufactured or assembled In India, or manufactured In India from components imported into India or manufactured in India or partly imported and partly manufactured In India, and includes every such description of motor vehicle, whether called a truck chassis or bus chassis, or an auto-rickshaw or three- wheeler or four-wheeler or by any other name;
(e) "Register" means the register maintained by a dealer under this Order;
(f) "Schedule" means a Schedule to this Order.
(221)
222 T HE GAZETTE OF INDIA EXTRAORDINARY [PAXT I I-3 ConlroIJci to fix the quotas.—The Conti oiler may, from time to time, by order,—
(a) fix quotas of commercial vehicles for meeting the requirements of the Government 01 of any public authority or of any class of persons having regard to the nature of their work or duties, or of specified regions in India and different quotas may be fixed for different purposes or for different descriptions of commercial vehicles,
(b) direct a manufacturer to distribute the commercial vehicles manu- factured by him for sale In <;uch legions through such dealers, in such number and manner and at such times, as may be specified In the order
4 Distribution of commercial vehicles by manufacturers —-No manufacturer shall after the commencement of this Order, sell or otherwise dispose of, or offer to sell or otherwise dispose of anv description of commercial vehicles manufactured by him, whether manufactured before or after such commencement or whether in assembled or unassembled condition except in accordance with an order made by the Controller, under clause
3 Application for purchase of commercial vehicles—(1) Every person desirous of purchasing a commercial vehicle shall apply to a dealer in the form set out in Schedule II
(2) Every applicant shall also furnish, along with the application, a written guarantee from a bank undertaking to pay to the dealer at the time when the com- mercial vehicle Is ready for delivery A sum of—
(a) Rs. 2,000/-, in ?he case of a four-wheeler, or
(b) Rs 1,000/-, In the case of a Tempo Hanseat three-whe#ler, or
(c) Rs 500/-, in the case of any other three-wheeler
Provided that In the case of a person whose name appears In the books of the dealer at the commencement of this Order aa an applicant for the purchase of a commercial vehicle If he has not already furnished the necessary guarantee ho shall within forty-five days of such commencement furnish such guarantee
Provided further that where the bank guarantee furnished by a person expires before the delivery of the commercial vehicle the guarantee may be renewed by that person within thirty days of the date of such expiry
6 Maintenance of register—(1) Every dealer shall maintain a register in which he shall register—
(a) tha names and other particulars of persons who have applied to him In the manner specified In clause 5 for the purchase of a commercial vehicle,
(b) the names of persons appearing in the books of the dealer at the com-
mencement of this Order
(2) The names shall be registered in the case of persons referred to in sub-clause (l)(a) in accordance with the date of the receipt of the application, and In the case of persons referred to in sub clause (11 (b) in accordance with the date on which the name was entered in the books of the dealer
O) The register shall be open for inspection during workme hours by anv member of the public and bv such officers of the Central or a State Government as may be authorised by that Government by general or special order
7 Sale of commercial vehicles by dealer —Except where the sale of a commercial vehicle Is to the Government or a public authority oi a member of a class of persons for whom a special quota has been fixed no dealer shall after the commencement of this Order sell a commercial vehicle to any person whose name is not on the register maintained by him under clause 6 or otherwise than in the order m which the names are registered in that register
Provided that in the case of a person who bad registered his name for the purchase of a commercial vehicle with one dealer and who after a period of not
Sic. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 223less than one month from the date of such registration, has permanently transferred his business establishment or field of work to a place within the area of another dealer, the Controller or, in a State, an officer appointed for the purpose by the Government of that State may, by special permit in writing, authorise such other dealer to sell a commercial ve.hlcli- to such person at his turn established with the dealer with whom such person's name was originally registered:
Provided further that the Controller or, in a State an officer appointed for the purpose by the Government of that State, may after making such enquiries as he deems fit, authorise1 the dealer by permit in writing to sell the commercial vehicle—
(a) if the person whose name has been registered in the register of the
dealer is dead, to the heir of such person;
(b) if It is a company and subsequent to the registration of its name in the
register of the dealer:
(i) it has changed its name, in the name of the company so changed;
(ii) it has transferred the undertaking, property and liabilities to any other company as a result of amalgamation sanctioned by the court, in the name of the company to which the undertaking, property and, liabilities have been transferred;
(iii) it is amalgamated as a result of the order of the Central Government made in that behalf, in the name of the company resulting from the amalgamation and specified" In that order.
8. Restrictions on purchase of new commercial vehicle.—No person who has purchased a new commercial vehicle in any calendar year shall be permitted to purchase anothsr new commercial vehicle In the same year, except under a permit In writing from the Controller or, in a State, an officer appointed for the purpose by the Government of that State:
Provided that in the case of a purchaser which is a company, association or other body of persons, whether incorporated! or not, the Controller or, the officer so appointed by the Government of that State may, having regard to the nature of its business or its functions or any other relevant circumstances, by order in writing statin? the reasons therefore, authorise the purchase in any calendar year of such number of new commercial vehicles, as he may fix.
9. Re-sale of commercial vehicles.—(1) No person shall before the expiry of two years from the date when the commercial vehicle was first purchased as a new commercial vehicle, whether so purchased by him or some one else and whether before or after the commencement of this Order, sell or offer to sell it or enter into any transaction involving the transfer of possession of the com- mercial vehicle to any other person except under and in accordance with the terms and conditions nf the permit in writing from the Controller or, in a State the officer appointed for the purpose by the Government of that State.
(2) Nothing in sub-clause (1) shall apply to the sale of a commercial vehicle in pursuant of a term in a bonatfde hire-purchase agreement providing for the sale of such commercial vehicle for contravention of any of the terms of such agreement.
(3) In granting or refusing a permit under sub-clause (1), the Controller or other officer shall have resrard to the circumstances relating to the proposed transaction and to the purposes to be served by this Order.
10. Maintenance and production of books, accounts, etc.—(1) Every manufac- turer and every dealer shall keep such books, accounts and records relating to 1ht> manufacture and distribution or, as the case may be, the sale of commercial vehicles as the Controller may prescribe.
(2) Every such book, rwount or record shall, when so renuirod. be produced fnr inspection before the Controller or other authority specified by the Central Government in this behulf.
(3) Everv manufacturer and rverv dealer shall furnish to thi> Controller such returns, in such manner and at such times as the Controller miy specify.
1J. Power to obtain information—The Controller or, in a State an officer fmnointod for the purpose by the Government of that State, who hns rpflsona to believe that a new commercial vehicle has been sold or its possession has been transferred before the expiry of the period of two years referred to In sub-clause
1$4 T r i£ GAZETTE OF INDIA EXTRAORDINARY [PA*T 11(1) of clause 9 of this Order, may require the person who has so sold or trans- ferred its possession, to furnish the particulars relating to such sale or transac- tion involving such transfer of possession as the Controller or the officer may deem fit, including the name of the person to whom the vehicle was so sold or its possession transferred.
SCHEDULE I
[See clause 2 (c) and (d)]
Name ci Manufacturer Description of commercial
Vehicle
I. M/s. Hindustan Motors Ltd,, 4, India Exchange Place, Bedford.
Calcutta.
2. M/s. Premier Automobiles Ltd., Construction House, Doge/Fargo
Ballard Estate, Bombay.
3- M/s. Tata Engg. & Locomotive Co. Ltd., Bombay Tata-Mercedes-Benz.
House, 24, Bruce Street, Fort Bombay-1.
4- M/s. Ashok-Leyland Ltd., Enoore, Madras Leyland 'Comet'.
M/s. Mahindra & Mahindra Ltd., Gateway Building, Willys Jeep trucks.
5-
Apollo Bunder, Bombay,
6. M/s. Bajaj Tempo Ltd., 134, Dr. Annie Bcasant Road, Tempo 'Hanseat' Three-wheeler
Worli,Bombay-i8.
7- M/s. Bajaj Auto Ltd., 134, Dr. Annie Beasant Road, Vespa three-wheeler.
Worli, Bombay-18.
8. M/s. Automobiles Products of India Ltd., Agra Road, Lambrctta ihree-wheeler.
Bhandup, Bombay-40.
SCHEDULE IJ
[See clause 5(1)]
Application for the purchase of a commercial vehicle
To
(Name and Mfiress of the dealer)
Dear Sir,
I/We want to purchase a
(Description of commercial vehicle).
2 Please book my/our order and let me/us know the registration number of the order and the price of commercial vehicle. I/We forward herewith a Bank Guarantee for Rs. 2,000 Ra. 1,000 Rs. 500 from (Name and address of the Bank).
3. The other requisite particulars are given below: —
(a) Full name and address of the applicant; (b) Vocation of the applicant and normal place of business or residence; (c) Whether the applicant pays income-tax; (d) Purpose for which the vehicle is required; (e) If the vehicle is required to be plied as a public carrier, the number and date of the permit obtained from the Transport authorities may be indicated; where no permit has already been obtained, the date of application for a permit and the route or area for which the permit has been sought may be stated;
Sep. 3(U)] THE GAZETTE OF INpIA EXTRAORDINARY 225(f) If the vehicle is required to replace a vehicle already in use, the follow- ing particulars of the Old vehicle should be furnished;
Registration No. Permit No. No. of years for which
and date
it has been in use
Make with Engine & chassis number
(g) Particulars of the commercial vehicles, if any, owned by the applicant during the two years preceding the date of the application in the following form: —
(A) Vehicles still in possession.
Make Pay-load Date of purchase Registered No. of the vehicle
(B) Vehicles which have been sold during the last two years
Date of
Make Pay-loid Date of purchase
Registered No. of vehicle.
sale
Name and address of party to whom the vehicle has been sold.
(hj Whether the applicant has registered for a commeicial vehicle with any other dealer,
(if the answer is yes, the particulars of the order should be stated). (1) No. and date of Bank Guarantee; (i) Specifications of the commercial vehicle to be purchased;
(k) What arrangements have been made for the payment of the price of the vehicle? If it is proposed to acquire it on hire-purchase basis, the name and address of the financier from whom it is proposed to get the necessary funds may be stated.
If it is intended to obtain a loan for the payment of price, the name and address of the crediter should be stated. It .should also be clearly specified whether the vehicle wijl be mortgaged by way of security s
226 THE GAZ1TTE OF INDIA EXTRAORDINARY [PART II-SM. S(ii)]4. I/We also declare that, to the best of my/our knowledge and belief, the particulars given above are true.
Yours faithfully,
Signature of applicant
Data
[No. A. E. Ind. l(90)/62.]
R. V. RAMAN, Jt. Secy.
ERRATA
In Ministry of Minpg and FueL Notification No. C5-12(3)/63-I, dattd 1st April, 1963, published in the iazette of India Extraordinary, Part II—Section 3(il), dated 1st April, 1963, as S.O. 945, the following corrections are to be made: —
Page 163,—
3rd line—
for "Selected Grade" read "Selected Grade B"
8th l i n e-
ar "40°C + 2°C" read "40°C ± C"
9th l i n e-
ar "60 per cent + 2 per cent" read "60 per cent ± 2 per cent"
under Note 4, 3rd line—
jor the word "this" read "This"
Page 164, Note I, below Table II, against 'Atmospheric Temperature' lor "40°C — 2°C" read "40°C ± 2°C".