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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 6a] NEW DELHI, SATURDAY, DECEMBER 11, 1965/AGRAHAYANA 20, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

RAJYA SABHA

.The following Bills were introduced in the Rajya Sabha on the 11th December, 1965: —

I

BILL NO. XVIII OF 1965

A bill to amend the Maternity Benefit Act, 1961.

BE it enacted by Parliament in the Sixteenth Year of the Republic

of India as follows:'-

1. This Act may be called the Maternity Benefit (Amendment) Short title.

Act, 1965.

53 of 1961.

Amend- ment of section 2.

2. In section 2 of the Maternity Benefit Act, 1961 (hereinafter re- ferred to as the principal Act), in sub-section (2), for the words "Nothing contained in this Act", the words, figure and letter "Save as otherwise provided in section 5A, nothing contained in this Act" shall be substituted.

(1261)

769 G of I—I.

3. After section 5 of the principal Act, the following section shall

be inserted, namely: —

insertion of new section 5A.

34 of 1948.

"5A. Every woman entitled to the payment of maternity

benefit under this Act shall, notwithstanding the application of

the Employees' State Insurance Act, 1948, to the factory or other

establishment in which she is employed, continue to be so en-

titled until she becomes qualified to claim maternity benefit

under section 50 of that Act.".

Conti- nuance of pay- ment of mater, nity benefit in cer- tain eases.

STATEMENT OF OBJECTS AND REASONS

The Maternity Benefit Act, 1961 does not, by reason of the pro- visions of sub-section (2) of section 2 thereof, apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948, apply. Consequently, a woman worker employed in a factory or other establishment and entitled to mater- nity benefit under the Maternity Benefit Act, 1961, ceases to be so entitled when the provisions of the Employees' State Insurance Act, 1948 become applicable to such factory or establishment. But, such a woman unless she fulfils the conditions laid down under section 50 of the Employees' State Insurance Act, 1948 is not qualified to claim any maternity benefit thereunder. Thus, she is deprived of maternity benefit under both the Acts. To remove this lacuna, it is proposed to amend the Maternity Benefit Act, 1961, so as to provide that in the event of the application of the Employees' State Insur- ance Act, 1948 to any factory or establishment, maternity benefit under the Maternity Benefit Act would continue to be available to women workers therein, until they become qualified to claim simi- lar benefit under the Employees' State Insurance Act.

NEW DELHI; D. SANJIVAYYA.

The 1th December, 1965.

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to Introduce a new section 5A in the Maternity Benefit Act, 1961. This section provides for continuance of payment of maternity benefit under the Maternity Benefit Act, 1961, to women workers working in a factory or establishment to which the provisions of the Employees' State Insurance Act, 1948, have become applicable, until such time as they become entitled to similar benefit under the Employees' State Insurance Act, 1948. This imposes a financial liability on employers (including the Central Government) to pay the maternity benefit in such cases. It is. however, difficult to estimate the number of women workers in Central Government factories or establishments who will be eligi- ble for maternity benefit under the proposed section. It is, there- fore, not possible to give a precise estimate of the additional ex- penditure involved from the Consolidated Fund of India on this account.

n

BILL NO. XIX OF 1965.

A bill further to amend the Motor Vehicles Act, 1939.

BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows : —

1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 1965.

Short title and commen- cement (2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

4 of 1939. 2. In section 2 of the Motor Vehicles Act, 1939 (hereinafter referred to as the principal Act),—

Amend- ment at section 2.

(o) in clause (3), for the words "fixed or agreed rate or sum and from one point to another without stopping to pick up", the following words, brackets and figures shall be substituted, namely:—

"fixed or agreed rate or sum—

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

769 O at **-3.

(ii) from one point to another, and in either case without stopping to pick up";

(b) in clause (9), for the figures "8,200", the figures "11,000" shall be substituted;

(c) in clause (13), for the figures "3,000", the figures "4,000" shall be substituted;

(d) in clause (17), for the figures "500", the figures "600" shall be substituted;

(e) after clause (29), the following clause shall be inserted, namely:—

'(29A) "tourist vehicle" means a contract carriage cons- tructed or adapted and equipped and maintained in accord- ance with such specifications as the State Government may, by notification in the Official Gazette, specify in this behalf;'.

3. In section 3 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely :—

Amend- ment of section 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. In section 7 of the principal Act, for sub-section (1), the follow- ing sub-section shall be substituted, namely:—

Amend- ment of section 7.

"(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being dis- qualified 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

(Hi) 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.".

5. In section 11 of the principal Act,—

(a) in sub-section (1), after the proviso, the following further

Amend- ment of section 11.

proviso shall be added, namely : —

"Provided further that where the application is for the renewal of a driving 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 medi- cal certificate in Form C as set forth in the First Schedule, signed by a registered medical practitioner, and the provi- sions of sub-section (5) of section 7 shall apply to every such case.";

(b) after sub-section (3A), the following sub-section shall be inserted, namely : —

"(3B) When the authority to whom an application for the renewal of a driving 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 appli- cant 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 one year 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

({> 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 b" renewed.".

6. In section 15 of the principal Act,—

Amend- ment of section IB, (a) in sub-section (1), for the words "a driving licence", the words "any driving licence or a driving licence to drive a parti- cular class or description of vehicle" shall be substituted ;

(b) to sub-section (2), the following proviso shall be added, namely: —

"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 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.".

Amend- ment of section 10,

7. In section 16 of the principal Act, in sub-section (1), for the words "a transport vehicle", the words "any transport vehicle or a transport vehicle of a particular class or description" shall be subs- tituted.

8. In section 18 of the principal Act, after the words "cease to be effective", the words "to such extent and" shall be Inserted.

9. In section 21 of the principal Act, in sub-section (2),—

(a) for clause (aa), the following clause shall be substituted, Amend- ment of section 18. Amend- ment of section 21.

namely: —

"(aa) the minimum qualifications of persons to whom licences to drive transport vehicles are issued, the time within which such qualifications are to be acquired by persons holding immediately before the commencement of the Motor Vehicles (Amendment) Act, 1965, licences to drive transport vehicles, and the duties, functions and con- duct of such persons;";

(b) In clause (dd), for the words "stage carriages or contract carriages", the words "transport vehicles" shall be substituted;

(c) in clause (i), after the words "for the instruction of drivers of motor vehicles", the brackets and words "(including the registration of such schools or establishments and the fee to be paid in respect thereof)" shall be inserted.

10. In section 25 of the principal Act, to sub-section (2), the following proviso shall be added, namely: —

Amend- ment of section 21.

"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 not exceeding two months in the aggregate.".

Amend- ment of section 27

11. In section 27 of the principal Act, after the words "particulars of any previous registration of the vehicle", the words "or furnishes inaccurate particulars in the application for registration of such vehicle" shall be inserted.

12. Section 29A of the principal Act shall be omitted.

Omission of section 2OA.

13. In the principal Act, after section 31, the following section

shall be inserted, namely: —

"31 A. (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.

Insertion of new section 31 A. Special provisions regarding motor vehicles subject to hire-pur- chase or hypothe- cation agree- ment.

(2) Where any registered owner of a motor vehicle pnters into a hire-purchase agreement and reports the transfer of ownership of the motor car to the registering authority and makes an application to it to have the existence of the hire- purchase agreement entered in the certificate, the registering authority shall make an entry to that effect in the certificate of registration.

(3) Any entry made under sub-section (I) or sub-section (2), may be cancelled by the registering authority on proof of the termination of the hire-purchase agreement.

(4) No entry regarding the transfer of ownership of tiny 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 with whom the registered owner has entered into a hire-purchase agreement.

(5) Where any 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 agree- ment and that the registered owner refuses to deliver the certifi- cate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such repre- sentation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certi- ficate of registration is not produced before it, cancel the certifi- cate and issue a duplicate thereof to the person aforesaid.

(6) The provisions of sub-sections (I) to (5) shall, so far as may be, apply to a motor vehicle which is subject to hypothe- cation as they apply to any motor vehicle which is held under a hire-purchase agreement.".

Amend- ment of lection 30.

14. In section 36 of the principal Act, in sub-section (3), for the Words "in excess of that", the words "different from that" shall be substituted.

15. In section 38 of the principal Act, to sub-section (2), the following proviso shall be added, namely: —

Amend-

ment of

section 38.

'Provided that this sub-section shall, in respect of a certi- ficate 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 "six months", the words "one year" were substituted.

Explanation.—In this sub-section, 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 hilly areas.'.

16. In section 41 of the principal Act, in sub-section (2),—

Amend-

ment of

section 41.

(a) in clause (e), for the brackets and figure " (3)", th" brackets and figure " (2)" shall be substituted;

(b) in clause (f), after the words "alteration of certificates of registration,", the words "for making or cancelling an endorse- ment in respect of an agreement of hire-purchase or hypotheca- tion on a certificate of registration," shall be inserted.

17. In section 42 of the principal Act,—

Amend-

ment of

section 42.

(a) in sub-section (1), after the words "any public place,", the brackets and words " (whether or not such vehicle is actually carrying any passenger or goods)" shall be inserted;

(b) in sub-section (3) ,—

(i) clause (ee) shall be omitted;

(ii) after clause (f), the following clause shall be in- serted, namely: —

" (jff) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf;";

(Hi) in clause (h), the word "or" shall be omitted;

(iv) in clause (i), the words "except as may otherwia* be prescribed," shall be omitted;

(v) after clause (i), the following clauses shall be in- serted, namely: —

"(j) subject to such conditions as the Central Government may, by order published in the Oflkial Gazette,

specify, to any transport vehicle purchased in one State and proceeding to a place, situated in any other State, without carrying any passenger or goods;

(Jc) to any transport vehicle (including a chassis to which a body has not been attached) which has been temporarily registered under section 25, while proceed- ing empty to any place for the purpose of registration of the vehicle under section 24; or

(I) to any transport vehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify.".

Amend- ment of section 49.

18. In section 43 of the principal Act, in sub-section (1), in clause ({), for the words "the fixing of fares and freights", the words and brackets "the fixing of fares and freights (including the maximum and minimum in respect thereof)" shall be substituted.

19. In section 44 of the principal Act, in sub-section (2) ,—

Amend- ment of section 44.

(a) for the words "and such other officials and non-officials, not being less than two,", the words "and, in the case of a State Transport Authority, such other officials and non-officials, not being less than two, and, in the case of a Regional Transport Authority, such other persons (whether officials or not), not be- ing less than two," shall be substituted;

(b) for the words "Provided that", the following shall be substituted, namely: —

"Provided that the State Government may—

(i) where it considers necessary or expedient so to do, constitute Regional Transport Authority for any region so as to consist of only one member who shall be an official with or without judicial experience;

(ii) by rules made in this behalf, provide for the transaction of business in the absence of the Chairman or any other member and specify the nature of business which, the circumstances under which, and the manner in which, business could be so transacted:

Provided further that".

Amend, ment of section 40.

20, Section 45 of the principal Act shall be re-numbered as sub- section (1) thereof and after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely: —

"(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the appli- cation under that sub-section shall be made to the State Trans- port Authority of the region in which the applicant resides or has his principal place of business.

(3) Every applicant for the grant of a new permit under section 46 or section 54 shall deposit, by way of security, with his application an amount in such manner and at such rate not exceeding rupees five thousand per motor vehicle, as the State Government may, with reference to each class of vehicle by notification in the Official Gazette, specify.

(4) The security furnished under sub-section (3) may be forfeited in whole or in part by the transport authority if it is satisfied that the application was made for the purpose of pre- venting the issue of a temporary permit under section 62 and the whole or part of it as has not been forfeited shall be refunded to the applicant, as soon as may be, after the disposal of the application:

Provided that no such forfeiture shall be made unless the transport authority has given the applicant a reasonable oppor- tunity of being heard.".

21. In section 46 of the principal Act, in clause (c) ,^-

(a) for the word "services", wherever it occurs, the word Amend- ment of section 46.

"trips" shall be substituted;

(b) the following Explanation shall be added at the and, namely: —

'Explanation.—For the purposes of this section, section 48 and section 57, "trip" means a single journey from one point to another, and every return journey shall be deemed to be a separate trip;'.

%Z. In section 48 of the principal Act,—

Amend- ment of section 48.

(a) sub-section (2) shall be omitted; (b) in sub-section (3),—

(i) for clause (i), the following clauses shall be substitu- ted, namely: —

"(i) that the vehicle or vehicles shall be used only in a specified area, or on a specified route or routes-;

(ia) that the service or any specified part thereof shall be Commenced with effect from a specified date;";

(u) in clause (ii), for the words "services to be maintain- ed", the words "trips to be provided" shall be substituted;

(Hi) to clause (xxi), the following proviso shall be added, namely: —

"Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometres, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the public convenience and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof;".

23. In section 51 of the principal Act, in sub-section (2), after clause (ii), the following clause shall be inserted, namely: —

Amend- ment of section SI

"(iia) the maximum number of passengers and the maximum weight of luggage that may be carried on any specified vehicle or on any vehicle of a specified type, either generally or on speci- fied occasions or at specified times and seasons;".

Amend- ment of section 67, 14. In section 57 of the principal Act, In sub-section (8), for the words "number of services above the specified maximum", the words "number of trips above the specified maximum or by altering the route covered by it" shall.be substituted.

25. In section 58 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely: —

Amend- ment of section 58.

" (4) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of sec- tion 62, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded.".

2fi. In section 59 of the principal Act,—

(a) in sub-section (2), for the words "replace by another ,

Amend- ment of section 59 vehicle of the same nature and capacity any vehicle covered by the permit", the words "replace any vehicle covered by the per- mit by any other vehicle of the same nature" shall be substituted;

769 G of 1—3.

(b) In sub-section (3),—

(i) in clause (a), for the words "permit relates", the words and figures "permit relates carry valid certificates of fitness issued under section 38 and" shall be substituted;

(it) in clause (c), the words "maximum or minimum" shall be omitted;

(Hi) in clause (d), for the word and figures "section 72", the words and figures "section 5 or section 72" shall be substi- tuted.

27. In section 60 of the principal Act,—

(a) after sub-section (1 A), the following sub-section shall be Amend- ment of Mdloo 00.

inserted, namely: —

"(IB) The transport authority may exercise the powers conferred on it under sub-sections (1) and (1A) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of sec- tion 44 as if the said permit was a permit granted by the transport authority."; (b) after sub-section (2), the following sub-section shall b" inserted, namely: —

" (2A) The powers exerciseable under sub-section (I) of flub-section (1A) (other than the power to cancel a permit) by the transport authority which granted the permit may b6 exercised by any authority or person to whom such power* have been delegated under sub-section (5) of section 44:

Provided that—

(t) no such authority or person shall pass an order suspending the permit for a period exceeding one month or reducing the period thereof by more than one month; and

(ii) any such order shall be placed within the said period of one month before the transport authority who may vacate the order or extend the said period of one month where it has not expired or cancel the permit or take action under sub-section (3), as it may deem fit.";

(c) after sub-section (3), the following sub-section shall be Inserted, namely: —

" (4) The powers exerciseable by the transport authority under sub-section (3) may, where an appeal has been prefer- red under section 64. be exercised also by the appellate authority,".

Amend- ment "f Section 62.

28. Section 62 of the principal Act shall be re-numbered as sub- ection (1) thereof, and after sub-section (1) as so re-numbered, ae following sub-section shall be inserted, namely: —

"(2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where—

(i) no permit could be issued under section 48 or sec- tion 51 or section 54 in respect of that route or area by reason of an order of a court or other competent authority restrain- ing the issue of the same, for a period not exceeding the period for which the issue of the permit hae been so res- trained; or

(ii) as a result of the suspension by a court or other com- petent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period oi such suspension:

Provided that the number of transport vehicles in respect of which the temporary permit is so granted shall not exceed the number of vehicles in respect of which the issue of a per- mit has been restrained or as the case may be, the permit haa been suspended,".

29. In section 63 of the principal Act,—

(a) to sub-section (I), the following further proviso shall

Amend- ment of •action OS.

be added, namely :—

"Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilo- metres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State.";

(b) after sub-section (i), the following sub-section "haU be inserted, namely :—

"(1A) Notwithstanding anything contained in sub- section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or

in such regions within the State as may be specified in the permit.";

(c) in the proviso to sub-section (3), after tha worda "arrived at between the States", the following shall be inserted, namely :—

"after complying with the requirements of sub-section (3A), or for the grant of counter-signatures of permits in pursuance of any direction issued by the Commission under Clause (c) of sub-section (2) of section 63A";

(d) after sub-section (3), the following sub-sections shall be inserted, namely: —

" (3A) Every proposal to enter into an agreement bet- ween the States referred to in the proviso to sub-section (3) and every proposal in such agreement to fix the number oi permits which is proposed to be granted or counter- signed in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette together with a notice of the date before which representations in connection therewith may be submitted, and the date, not being less than thirty days from the date of such publication, on which, and the authority by which, and the time and place at which, the proposal and any representations received in connection therewith will be considered:

Provided that no person, association or authority, other than those mentioned hereunder, shall have a right to make such representation, namely :—

(i) any person already providing passenger or goods transport facilities by any means in the proposed area or along or near the proposed route;

(ii) any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government;

(iii) any local authority or police authority within whose jurisdiction any part of the proposed area or route lies.

(3B) Every agreement arrived at between the States shall, in so far as it relates to the grant of counter-signature of permits, be published in the Official Gazette by each of

the States concerned and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it.";

(e) after sub-section (6), the following sub-sections shall be inserted, namely :—

"(7) Notwithstanding anything contained in sub- section (1) but subject to any rules that may be made under this Act, any State Transport Authority may, for the pur- pose of promoting tourism, grant in respect of tourist vehicles such number of permits valid for the whole or any part of India as the Central Government may, in respect of that State, specify in this behalf, and the provisions of sections 49, 50, 51, 57, 58, 59, 59A, 60, 61 and 64 shall, as far as may be, apply in relation to such permits.

(8) Every applicant for a permit under sub-section (7) shall deposit, by way of security, in such manner and such amount, not exceeding rupees five thousand per motor vehicle, as ihe Central Government may with reference to each class of vehicle, by notification in the Official Gazette, specify, and such security shall be refunded wholly or in part to the applicant if his application for permit has not been granted, or, as the case may be, granted for a lesser number of vehicles than what was applied for.

(9) Any amount deposited by way of security under sub-section (8) may, at any time, be forfeited in whole or in part by the State Transport Authority if it is satisfied after making such inquiry as it thinks fit that—

(a) the permit was obtained by fraud or misrepre- sentation, or

(b) the holder of the permit has failed without reasonable cause to use the vehicle or vehicles for the purpose for which the permit was granted, or

(c) the holder of the permit has committed a breach of any condition of the permit, or

(d) the holder of the permit has used or caused it to be used in any manner not authorised by the permit:

Provided that no such forfeiture shall be made unless the State Transport Authority has given the permit-holder B reasonable opportunity of being heard.

(10) The following shall be conditions of every permit granted under sub-section (7), namely :—

(i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf;

(ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Govern- ment; and

(in) such other conditions as may be prescribed by the Central Government.".

30. In section 63A of the principal Act, agter sub-section (2), the following sub-section shall be inserted, namely: —

Amend- ment of flection 88A,

"(2A) If any direction issued by the State Government under section 43 is repugnant to any direction made by the Commission under clause (c) of sub-section (2), then, the direction of the Commission, whether issued before or after the direction issued by the State Government, shall prevail and the direction made by the State Government shall, to the extent of the repugnancy, be of no effect.".

31. After section 63B of the principal Act, the following section shall be inserted, namely: —

Insertion of ne-vy section 63BB.

"63BB. (1) Any person or authority (including Govern- Appeal against declsion> direction or order under section 83A.

ment) aggrieved by the decision, direction or order of the Com- mission under clause (fa) or clause (c) or clause (d) or clause (e) of sub-section (2) of section 63A may, within thirty days from the date of the communication to him or it, of such decision, direction or order, as the case may be, appeal to the authority specified by the Central Government under clause (h) of section 63C, which shall decide the appeal after giving the person or the authority an opportunity of being heard and pass such order thereon as it may deem fit and such order shall be final:

Provided that the authority aforesaid may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) Every appeal under sub-section (1) shall be preferred in such manner and accompanied by such fee as may be pres- cribed by the Central Government.".

32. In section 63C of the principal Act, for clause (h), the follow- ing clause shall be substituted, namely: —

Amend- ment ol section 63C.

"(h) the authority to which, the manner in which and the fees on payment of which, an appeal against any decision, direction or order of the Commission may be preferred;".

33. Section 64 of the principal Act shall be re-numbered as sub- section (/) thereof, and—

Amend- ment of section M (a) in sub-section (2) as so re-numbered,—

(i) after clause (h), the following clause shall be in- serted, namely: —

" (hh) aggrieved by an order of forfeiture passed under sub-section (4) of section 45 or under sub-section (9) of section 63, or"; (li) for the words "the prescribed authority who shall give such person and the original authority an opportunity of being heard", the words, brackets and figure "the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heatd, give a decision thereon which shall be final" shall be substituted; (b) after sub-section (1) as so re-numbered, the following sub-sections and Explanation shall be inserted, namely: —

"(2) The State Government shall constitute for the State a State Transport Appellate Tribunal which shall con- sist of a whole-time judicial officer not below the rank of a District Judge:

Provided that in relation to a Union territory the Tri- bunal may consist of the Administrator of that territory or any officer who has judicial experience.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal pending at the com- mencement of the Motor Vehicles (Amendment) Act, 1965. shall be proceeded with and disposed of as if that Act had not been passed.

Explanation.—For the removal of doubts, it is hereby declared that when any order is made by the State Trans- port Authority or the Regional Transport Authority in pur- suance of a direction issued by the Commission under

clause (c) of sub-section (2) of section 63A and any person feels aggrieved by such order on the ground that it Is not In consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tri- bunal against such order but not against the direction so issued.".

34. In section 64A of the principal Act,—

Amend- ment oJ •ectlon C4A.

(a) for the words "State Transport Authority", wherever they occur, the words "State Transport Appellate Tribunal" shall be substituted;

(b) for the words "Regional Transport Authority", wherever they occur, the words "State Transport Authority or Regional Transport Authority" shall be substituted ;

(c) after the words "as it deems fit", the words "and every such order shall be final" shall be inserted.

35.

Amend- ment of section 66.

(a) in clause (b), for the words "nine hours", the words "eight hours" shall be substituted ;

(b) In clause (c), for the words "fifty-four hours", the words "forty-eight hours" shall be substituted.

36. After section 66 of the principal Act, the following section shall be Inserted, namely :—

Insertion of new- section 66A.

"66A. (1) No person shall engage himself—

Agent or cinvasser to obtain licence.

(i) as an agent or canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles, or

(ii) as an agent in the business of collecting, forwarding or distributing goods carried by public carriers,

unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Govern- ment.

(2) The conditions referred to in sub-spctlon (1) may include all or any of the following matters, namely: —

(a) the period for which a licence may be granted or renewed;

(b) the fee payable for the issue or renewal of the licence;

(c) the deposit of security by the agent or canvasser and the circumstances under which it may be forfeited;

(d) the provision by the agent of insurance of goods in transit;

(e) the authority by which and the circumstances under which the licence may be suspended or revoked;

(f) such other conditions as may be prescribed by the State Government.".

37. In section 68 of the principal Act, in sub-section (2),—

(0) after clause (a), the following clause shall be inserted,

Amend- ment of section 8B" namely : —

"(aa) the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted;";

(b) after clause (c), the following clause shall be inserted, namely : —

" (cc) the manner in which and the time within which every application for a stage carriage permit or a public carrier's permit shall be published, as required by sub-sec- tion (3) of section 57, and the circumstances under which and the fees on payment of which copies of such applications may be granted;";

(c) in clause (ww), for the words "forwarding and distri- buting of", the words "or forwarding and distributing" shall be substituted.

38. In section 68A of the principal Act, in clause (b),—

(a) sub-clause (Hi) shall be omitted ;

Amend- ment of section 68A.

(b) in sub-clause (iv), for the words "the State Govern- ment", the words "the Central Government or one or more State Governments, or by the Central Government and one or more State Governments" shall be substituted.

39. In section 68D of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: —

Amend- ment of eection 68D.

"(1) On the publication of any scheme in the Official Gazette under section 68C,—

(i) any person already providing transport facilities by any means along or near the area or route proposed to be covered by the scheme ;

769 G of 1—4.

(ii) any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government; and

(Hi) any local authority or police authority within whose jurisdiction any part of the area or route proposed to be covered by the scheme lies,

may, within thirty days from the date of such publication, file objections thereto before the State Government.".

40. Section 68E of the principal Act shall be re-numbered as sub-section (1) thereof and—

^Amend- ment of section 68E.

(i) in sub-section (1) as so re-numbered, for the words "proposed to be modified as if the modification proposed were a separate scheme¹', the following shall be substituted name- l y :-

"proposed to be cancelled or modified as if the proposal were a separate scheme:

Provided that the State Transport Undertaking may, with the previous approval of the State Government, modi- fy without following the procedure laid down In section 68C and section 68D, any such scheme relating to any route or area in respect of which the road transport services are run and operated by the State Transport Undertaking to the complete exclusion of other persons in respect of the following matters, namely: —

(a) increase in the number of vehicles or the num- ber of trips;

(b) change in the type of vehicles without reducing the seating capacity;

(c) extension of the route or area, without reducing the frequency of the service; or

(d) alteration of the time-table without reducing the frequency of the service.";

(ii) after sub-section (1) as so re-numbered, the follow- ing sub-section shall be inserted, namely: —

" (2) Notwithstanding anything contained in sub-sec- tion (1), the State Government may, at any time, if it con- siders necessary in the public interest so to do, modify any scheme published under sub-section (3) of section 68D, after giving,—

(i) the State Transport Undertaking, and

(ii) any other person who, in the opinion of the State Government, is likely to be affected by the pro- posed modification,

an opportunity of being heard in respect of the proposed modification.".

41. In section 68F of the principal Act,—

(a) in sub-section (1),—

, Amend- ment of ' section 68F.

(i) for the words and figures "in the manner specified 1 in Chapter IV", the words "in such manner as may be pres- cribed by the State Government in this behalf" shall be substituted;

(ii) for the words "Regional Transport Authority", the words "State Transport Authority in any case where the said area or route lies in more than one region and the Re- gional Transport Authority m any other case" shall be substituted;

(b) in sub-section (2),—

(i) for the words "the Regional Transport Authority", the words "the State Transport Authority or as the case may be, the Regional Transport Authority concerned" shall be substituted;

(ii) in clause (a), for the words "the renewal of any other permit", the words "the grant or renewal of any other permit or reject any such application as may be pend- ing" shall be substituted;

(c) in sub-section (3), for the words "the Regional Trans- port Authority", the words "the State Transport Authority or any Regional Transport Authority" shall be substituted;

42. After section 68F of the principal Act, the following section shall be inserted, namely: —

Inser- tion of new sec- lion 68FF.

"68FF. Where a scheme has been published under sub-sec- tion (3) of section 68D in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme:

Restric- tion on grant of permits in res- pect of a notifi- ed area or notifi- ed route.

Provided that where no application for a permit has been made by the State Transport Undertaking in respect of any noti- fied area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Autho- rity, as the case may be, may grant temporary permits to arc person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State Transport Undertaking in respect of that area or route.".

Amend, ment of section 08G.

43. In section 68G of the principal Act, in sub-section (2), for the words "the Regional Transport Authority", the words "the State Transport Authority or the Regional Transport Authority, as the case may be," shall be substituted.

44. After section 68H of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 88HH.

Disposal of arti- cles found in vehicles.

"68HH. Where any article found in any transport vehicle operated by the State Transport Undertaking is not claimed by its owner within the prescribed period, the State Transport Undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand.".

45. In section 681 of the principal Act, in sub-section (2), after

clause (c),-the following clauses shall be inserted, namely: —

" (cc) the manner in which application under sub-section Amend- ment of section 681.

(I) of section 68F may be made;

(ccc) the period within which the owner may claim an article found left in any transport vehicle under section 68HH and the manner of sale of such article;",

46. In Chapter IVA of the principal Act, after section 681, the

following section shall be inserted, namely: —

"68J. The powers conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exerciseable only by the Central Government in relation to an inter-State route or area.".

Insertion of new- section 58J. Certain powers of State Govern- ment exercise- able by the Central Govern- ment.

47. After section 69 of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 69A.

"69A. Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature.".

Vehicles to have right hand control.

48. Section 79 of the principal Act shall be re-numbered as sub-

section (1) thereof and—

Amend- ment of sec- tion 79.

(i) in sub-section (1) as so re-numbered, after the words "driver of a motor vehicle", the words "with a right hand steer- ing control" shall be inserted; and

(ii) after sub-section (1) as so re-numbered, the following

sub-section shall be inserted, namely: —

" (2) In the case of a motor vehicle with a left hand steering control, the signal of an intention to turn to the right or left or to stop shall be given by a mechanical or an electrical device of a prescribed nature affixed to the vehi- cle:

Provided that the Central Government may, having regard to the width and the condition of the roads in any area or route, by notification in the Official Gazette, exempt, subject to such conditions as may be specified therein, any such motor vehicle or class of such motor vehicles from the operation of this sub-section for the purpose of plying in that area or route.".

49. To section 80 of the principal Act, the following proviso shall

be added, namely: —

Amend- ment of section 80.

"Provided that the Central Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt, subject to such con- ditions as may be specified therein, any such motor vehicle or class of such motor vehicles from the operation of this section for the purpose of plying in that area or route.".

50. In section 89 of the principal Act, after the words "When any person is injured", the words "or any property of a third party is damaged," shall be inserted.

51. In section 92 of the principal Act, in sub-section (1A), the

words "contiguous to it" shall be omitted.

Amend- ment of section 89. Amend- ment of section 92.

52. In section 93 of the principal Act,—

(i) after clause (fa), the following clause shall be inserted, namely: —

Amend- ment of section 93.

'(fab) "property" includes roads, bridges, culverts, causeways, trees, posts and mile-stones;'; (ii) after clause (c), the following clause shall be inserted, namely: —

'(d) "third party" includes the Government.'.

Amend- ment of section 94

53. In section 94 of the principal Act, in sub-section (3), for the Explanation, the following Explanation shall be substituted, namely: —

"Explanation.—For the purposes of this sub-section, appro- priate Government means the Central Government or the State Government, as the case may be, and—

(i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government;

(ii) in relation to any corporation or company owned by the Central Government and one or more State Govern- ments, means the Central Government;

(Hi) in relation to any other State Transport Under- taking or any local authority, means that Government which has control over that Undertaking or authority.".

54. In section 95 of the principal Act,—

(a) in sub-section (/),—

Amend- ment of section 95.

(i) for clause (b), the following clause shall be substituted, namely:—-

"(b) insures the person or classes of persons speci-

fied in the policy to the extent specified in sub-section

( 2 )-

(i) against any liability which may be incurred

by him in respect of the death of or bodily injury

to any person or damage to any property of a third

party caused by or arising out of the use of the

vehicle in a public place;

(ii) against the death of or bodily injury to

any passenger of a public service vehicle caused by

or arising out of the use of the vehicle in a public

place, where there is no contributory negligence on

the part of such passenger;";

(ii) the following Explanation shall be added at the end, namely: —

"Explanation.— For the removal of doubts, it is hereby declared that the death of or bodily injury to

any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the tljmc of the accident, if the act or omis-^ sion which led to the accident occurred in a public place,";

(b) in sub-section (2),—

(i) in clause (a), for the word "twenty", the word "fifty" shall be substituted;

(ii) for clauses (b) and (c), the following clauses shall be substituted, namely: —

"(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment—

(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;

(ii) in respect of passengers,—

(1) a limit of fifty thousand rupees in all

where the vehicle is registered to carry not more than thirty passengers;

(2) a limit of seventy-five thousand rupees in all where the vehicle is registered to carry more than thirty but not more than sixty passengers;

(3) a limit of one lakh rupees in all where the vehicle is registered to carry more than sixty passengers; and

(4) subject to the limits aforesaid, ten thousand rupees for each individual passenger where the vehicle is a motor cab, and five thousand rupees for each individual passenger in any other case;

(c) save as provided in clause (d), where the vehicle is a vehicle of any other class, the amount of, liability incurred;

(d) irrespective of the class of the vehicle, a limit of rupees two thousand in all in respect of damage to any property of n third party.".

55. After section 95A of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 95AA.

4 of 1938.

Security to be de- posited by insurers.

"95AA. (1) In addition to the deposits required to be made under section 7 of the Insurance Act, 1938, every insurer who is competent to issue a policy of insurance in accordance with this Chapter, shall deposit and keep deposited with the Reserve Bank of India or the State Bank of India, a sum of rupees thirty thou- sand as security for the due discharge of any liability covered by a policy of insurance issued in accordance with the provisions of this Chapter.

(2) Any sum deposited under sub-section (I) shall be deemed to be part of the assets of the insurer but shall not be susceptible of any assignment or charge nor shall it be liable to any attachment in execution of any decree except for meeting the claims arising in respect of a policy of insurance issued after complying with the requirements of this Chapter.

(3) Where, on an application made to it in this behalf, any Court or Claims Tribunal, which has made an award for com- pensation under this Act, is satisfied—

(i) that the applicant has exhausted all other remedies open to him to recover his dues from the insurer, or

(ii) that the award has been made after the insurer has gone into liquidation,

it may direct the payment of such compensation from out of the sum deposited under sub-section (7):

Provided that in the case of the insolvency of the insurer—

(a) such payment shall not be made until all claims under this Act against the insurer have been settled; and

(b) payment so made shall be proportionate to the amount of compensation allowed in each case.".

56. After section 103 of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 103A. Transfer of certifi- cate of insurance.

"103A. (1) Where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter proposes to transfer to another person the owner- ship of the motor vehicle In respect of which such insurance was taken together with the policy of insurance relating thereto, he may apply in the prescribed form to the insurer for the transfer of the certificate of insurance and the policy described in the certificate in favour of the person to whom the motor vehicle is proposed to be transferred, and if within seven days of the re- ceipt of such application by the insurer, the insurer has not intimated the insured and such other person his refusal to transfer the certificate and the policy to the other person, the certificate of insurance and the policy described in the certi- ficate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer.

(2) The insurer to whom any application has been made under sub-section (7) may refuse to transfer to the other person the certificate of insurance and the policy described in that cer- tificate if he considers it necessary so to do, having regard to—

(a) the previous conduct of the other person,—

(i) as a driver of motor vehicles; or (il) as a holder of the policy of Insurance in respect of any motor vehicle; or (b) any conditions which may have been imposed in re- lation to any such policy held by the applicant; or

(c) the rejection of any proposal made by sucV other person for the issue of a policy of insurance in respect of any motor vehicle owned or possessed by him.".

Amend- ment c* sectioH 110.

57. In section 110 of the principal Act, in sub-section (/), for the words "motor vehicles.", the following words shall be substituted, namely: —

"motor vehicles, or damages to any property of a third party tio arising, or both:

Provided that where such claim includes a claim for compen- sation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication, and where a reference is so made, the Claims Tribunal shall have no jurisdiction to entertain any ques- tion relating to such claim.".

769 G of 1—5.

58. In section 110A of the principal Act,—

(a) in sub-section (7),—

Amend- ment of section 110A.

(i) in clause (b) for the words "by the legal represen- tatives", the words "by all or any of the legal representa- tives" shall be substituted;

(ii) in clause (c), for the words "or the legal represen- tatives", the words "or all or any of the legal representa- tives" shall be substituted;

(iii) the following proviso shall be inserted at the end,

namely.—

"Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representa- tives of the deceased and the legal representatives who have not so joined, shall be impleaded as respon- dents to the application.";

(b) in sub-section (3), for the words "sixty days", where-

ever they occur, the words "six months" shall be substituted.

59. After section 110A of the principal Act, the following section

shall be inserted, namely: —

Insertion of new- section 110AA.

8 of 1923, Option regarding claims for compen- sation In certain cases.

"110AA. Notwithstanding anything contained in the Work- men's Compensation Act, 1923, where the death of or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may claim such compensation under either of those Acts but not under both.".

Amend- ment of section HOB.

60. In section HOB of the principal Act, after the words "the insurer.", the words "or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be." shall be inserted.

61. In section HOC of the principal Act, after sub-section (2),

the following sub-sections shall be inserted, namely: —

Amend- ment of section HOC.

"(2A) Without prejudice to the provisions of any other law for the time being in force, where a person to whom a summons is issued either to attend or to give evidence or to produce docu- ments or material objects at a certain place and time, inten-

tionally omits to attend or to give evidence or to produce the documents or material objects at the place or time, the Claims Tribunal may impose on him all or any of the following penalties, namely: —

(i) a fine not exceeding two thousand and five hundred

rupees;

(ii) where such person is the driver of the vehicle in-

volved jn the accident, suspension of his driving licence;

(Hi) where such person is the owner of such vehicle, suspension of the permit or registration certificate in rela- tion to that vehicle. (2B) Where in the course of any inquiry, the Claims Tribu-

nal is satisfied that—

(i) there is collusion between the person making the

claim and the person against whom the claim is made, or

(ii) the person against whom the claim is made has

failed to contest the claim,

it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so im- pleaded shall thereupon have the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.".

62. After section HOC of the principal Act, the following sections

shall be inserted, namely: —

Insertion of new sections 110 CC and 110CCC

Award of Interest where any claim is allow, ed. "110CC. Where any Court or Claims Tribunal allows a claim for compensation made under this Chapter, such Court or Tribunal may direct that in addition to the amount of compen- sation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify In this behalf.

110CCC. (1) Any Court or Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where It is satisfied for reasons to be recorded in writing thaW

Award of compen- satory costs in certain cases.

(i) the policy of insurance is void on the ground that it was obtained by non-disclosure of a material fact or by representation of fact which was false in any material particular, or

(ii) any party or insurer has put forward a false or

vexatious claim or defence,

such Court or Tribunal may make an order for the payment, by the party who Is guilty of non-disclosure or mis-representa- tion or by whom such claim or defence has been put forward, of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward.

(2) No Court or Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding rupees one thousand.

(3) No person or insurer against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of such non-disclosure, mis- representation, claim or defence as is referred to in sub-sec- tion (1).

(4) Any amount awarded by way of compensation under this section in respect of any non-disclosure, mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such non- disclosure, mis-representation, claim or defence.".

63. In section HOE of the principal Act, for the words "an in-

surer", the words "any person" shall be substituted.

Amend- ment of section HOE.

64. In section 111A of the principal Act, in clause (d), after the words "the manner in which", the words and brackets "and the fees (if any) on payment of which," shall be inserted.

Amend- ment

65. After section 113 of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 113A.

Allowing unautho- rised per- sons to drive vehicles.

"113A. Whoever, being the owner or person in charge of a motor vehicle, causes or permits, any person who does not satisfy the provisions of section 3 or section 4, to drive the vehicle, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.".

66. In section 115 of the principal Act,—

(i) in sub-section (I), for the words "one hundred rupees",

Amend, ment of section 115.

the following shall be substituted namely: —

"two hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupees";

(ii) in sub-section (2), for the words "two hundred rupees",

the following shall be substituted, namely: —

"three hundred rupees, or, if having been previously con- victed of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupees".

Amend- ment of section 123.

67. In section 123 of the principal Act, in sub-section (1), after the words "for which the vehicle may be used", the words "or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle" shall be inserted.

68. After section 123 of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 123A,

Punish- ment of agents and canvas- sers with- out proper authority.

"123A. Whoever engages himself as an agent or canvasser in contravention of the provisions of section 6SA or any rules made thereunder shall be punishable for a first offence with fine which may extend to one thousand rupees and for a subsequent offence, if committed within three years of the commission of a previous similar offence, with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both:

Provided that no court shall, except for reasons to be stated in writing, impose a fine of less than five hundred rupees for any such subsequent offence.".

Amend- ment of section 124.

69. In section 124 of the principal Act, for the words and figures "section 72 or of the conditions of any permit issued thereunder, or in contravention of any prohibition or restriction imposed under section 74 shall be punishable", the words and figures "section 72 or of the conditions prescribed under that section, or in contravention of any prohibition or restriction imposed under section 72 or section 74, shall be punishable" shall be substituted.

70. After section 127A of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 127AA.

Minimum penalty for second or subse- quent offence.

"127AA. Save as otherwise provided in this Act, where a person, who has committed an offence punishable with fine (whether with or without imprisonment), under any provi- sion of this Act, is again convicted of an offence involving the contravention of the same provision, the fine imposed, if any, for the second or subsequent offence committed within a period of three years from the date of the commission of the previous offence shall not be less than one-fourth of the maximum fine prescribed for the first offence.".

71. To section 129A of the principal Act, the following proviso

shall be added, namely: —

Amend- ment of section 129A.

"Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used with- out the permit required by sub-section (1) of section 42, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and issue an acknowledgment in respect thereof.".

72. In section 130 of the principal Act, for sub-section (1), the

following sub-section shall be substituted, namely:—

Amend- ment of section 130.

"(I) The court taking cognizance of an offence under this

Act,—

({) may, if the offence is an offence punishable with

imprisonment under this Act, and

(ii) shall, in any other case, state upon the summons

to be served on the accused person that he—

(a) may appear by pleader and not in person, or

(b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the court such sum (not exceeding the maximum fine that may be imposed for the offence) as the court may specify:

Provided that nothing in this sub-section shall apply to any

offence specified in Part A of the Fifth Schedule.".

73. After section 131 of the principal Act, the following section

shall be Inserted, namely: —

Insertion of new section 131A.

"131A. Every court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to—

Courts to send inti- mations about convic- tion.

(a) the licensing authority which issued the driving

licence, and

(fa) the licensing authority by whom the licence was

last renewed,

and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punish- ment awarded for the same and such other particulars as may be prescribed.".

74. In Chapter X of the principal Act, before section 133, the

following section shall be inserted, namely:-—

Insertion of new- section 132A. Power to levy fee.

"132A. Any rule which the Central Government or the State Government is empowered to make under this Act may, not- withstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, per- mits, tests, endorsements, badges, plates, counter-signatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the ren- dering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary:

Provided that the Government may, if it considers neces- sary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full.".

75. In section 133A of the principal Act, after sub-section (3), -

the following sub-sections shall be inserted, namely: —

Amend- ment of section 133A.

"(4) In addition to the powers that may be confer- red on any officer of the Motor Vehicles Department under

sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to,—

(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed;

(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in res- pect of which such offence has been committed is kept:

Provided that—

(i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer;

(ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;

(iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtainmg a warrant and report to" his immediate superior that such search has been made;

(c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carry- ing out the purpose of this Act;

(d) seize or take copies of any registers or documents or portions thereof as he may consider relevant In respect of an offence under this Act which he has reason to believe has been committed;

(e) to launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attend- ance of the offender before any court;

(f) exercise such other powers as may be prescribed:

Provided that no person shall be compelled under this sub- section to answer any question or make any statement tending to incriminate himself.

⁵ "rf ¹&⁰⁸. (5) The provisions of the Code of Criminal Procedure, 1898 ah ill, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 98 of that Code.".

76. In section 134 of the principal Act, after sub-section (i), the following sub-section shall be Inserted, namely:—

Amend- ment of section 134.

"(1A) Notwithstanding anything contained in sub-section (i), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or applica- tion for revision is disposed of.".

77. After section 134 of the principal Act, the following section shall be inserted, namely:—

Insertion of new section 135.

"135. (1) The enactments specified in the Twelfth Schedule 1 are hereby repealed to the extent mentioned therein. '

£

Repeal and savings.

(2) Notwithstanding the repeal of any enactment by this section,—

(a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or any licence, permission or exemption granted, or any confiscation made, or any penalty or fine imposed, or any forfeiture, can- cellation or discharge of any bond ordered, or any other thing done, or any other action taken under the repealed enact- ment, shall, so far a3 it is not inconsistent with the provi- sions of this Act, be deemed to have been done or taken under the corresponding provision of this Act;

(b) any document referring to any enactment hereby repealed, or to any provision thereof, shall be construed as referring to this Act or to the corresponding provision of this Act. (3) Any penalty payable under any repealed enactment may be recovered in the manner provided by or under this Act but without prejudice to any action already taken for the recovery of such penalty under the repealed enactment.

769 G of 1—6.

10 ef it"7.

(4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to th" effect of repeals.".

78. In the First Schedule to the principal Act,—

(a) in Form A, in Part III,

Am*md-.

mynt "f

First -

Schodult.

(i) in paragraph (b), after the words "with each eye", the following brackets and words shall be inserted, namely:—

"(or if you have held a licence to drive a motor vehicle for a period of not less than five years and if you have lost sight of one eye after the said period oi five years and if the application is for driving a light motor vehicle, other than a transport vehicle, fitted with an outside mirror on the steering wheel side, with one eye)";

(it) in paragraph (/), after the words "unable to hear", the brackets and words "(and if the application is for driv- ing a light motor vehicle, with or without hearing aid)" shall be inserted;

(b) in Form AA, for the words "I hereby", the following , hereby" words "I, Shri/Shrimati/Kumari shall be substituted;

(c) in Form B—

(i) below the heading "Form of application for the renewal of driving licence", the figure "I" shall be inserted;

(ii) for the words "I hereby apply", the words "I, Shri/Shrimati/Kumari.. • • , hereby apply" shall be substituted;

(Hi) for the words beginning with "I hereby declare" and ending with "danger to the public", the following figures, words, brackets and letters shall be substituted, namely: —

•11

Declaration as to physical fitness of the applicant

(The applicant is required to answer "yes" or "no" in the space provided opposite each question).

(a) Do you guffer from epilepsy, or from sudden attacks of disability, giddiness or fainting?

(b) Are you able to distinguish with each eye (or if you have held a licence to drive a motor vehicle for a period of not less than five years and if you have lost sight of one eye after the said period of five years and if the application is for driving a light motor vehicle, other than a transport vehicle, fitted with an outsdde mirror on the steering wheel side, with one eye), at a distance of 25 metres in good daylight (with glasses, if worn), a motor car number plate containing seven letters and figures?

(e) Have you lost either hand or foot or are you suffering from any defect In movement, control or muscular power of either arm or leg?

(d) Can you readily distinguish pigmentary

colours red and green?

(e) Do you suffer from night blindness?

(f) Are you so deaf as to be unable to hear (and if you are an applicant for the renewal of a driving licence in respect of light motor vehicle with or without hearing-aid) the ordinary sound signals?

(g) Do you suffer from any other dis- ease or disability likely to cause your driv- ing of a motor vehicle to be a source of danger to the public?

I declare that to the best of my knowledge and belief, the parti- culars given In Section I and the declaration made in Section II hereof are true.

NOTE 1.—An applicant who answers "yes" to any of the ques- tions (a), (c), (e), (f) and (g) or "no" to either of the questions (b) and (d) should amplify his answer with full particulars and may be required to give further information relating thereto.

NOTE 2.—An applicant who answers "yea" to questions (b), (e) and (d), in the declaration and "no" to the other questions may claim to be subjected to a test as to his competency to drive vdh&!"& ©f • specified alaa* "r " I M M ".

NOTE 3.—An application for renewal of a driving 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, shall be accompanied by a medical certificate in Form C;

(d) in Form C, in sub-paragraph (d) of paragraph 4, after the word "hearing", the brackets and words "(and in the case of an applicant for a licence to drive a light motor vehicle, with or without hearing-aid)" shall be inserted;

(e) in Form D,—

(i) for the expression "son/daughter of (father's name)", the expression "wife/son/daughter, of shall be substituted;

(ii) for the words "He is", the expression "He/She i"" shall be substituted;

(f) in Form E,—

(i) in item 1, for the words "or husband", the words and brackets "and husband (in the case of a married woman)" shall be substituted;

(ii) after item 7, the following item shall be inserted, namely: —

"7A. Cubic capacity. ":

(iit) after item 10, the following item shall be inserted, namely: —

"10A. Fuel used in the engine ";

(iu) for item 15, the following item shall be substituted, namely: —

"15. Maximum laden weight—

(a) as certified by manufacturer Kgmi,

(b) to be registered Kgma.";

(v) for the Note, the following Note shall be substituted, namely: —

"NOTE.—The motor vehicle above described is—

(i) subject to a hire-purchase agreement with •

(ii) subject to a hypothecation in favour oi ;

(Hi) not held under hire-purchase agreement or subject to any mortgage.

(Strike out whatever is not applicable and, if the motor vehicle is subject to hire-purchase agree- ment or hypothecation, obtain the signature of the hire-purchase company or the mortgagee, as the case may be).";

(in) for the words "Signature of the Hire Purchase Com* party.", the following expression shall be substituted: —

"Signature of "Hire-purchase Company Mortgagee";

(0) in Form G,—

(i) in line 8, for the words "or husband", the words and brackets "and husband (in the case of a married woman)" shall be substituted;

(ii) after item 7, the following item shall be inserted, namely: —

"7A. Fuel used in the engine ";

(Hi) after item 8, the following item shall be inserted, namely: —

"8A. Cubic capacity ";

(lu) for item 12, the following item shall be substituted, namely: —

"12. Maximum laden weight—

(a) as certified by the manufacturer Kgma. (b) as registered Kgms";

(u) for the Note, the following Note shall be substituted, namely: —

"NOTE.—The motor vehicle above described is—

(i) subject to a hire-purchase agreement with ;

(ii) subject to a hypothecation in favour 1 3 02 T HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY • [ P A ST II

79. In the Second Schedule to the principal Act,—

(i) in paragraph 4, after the words "with each eye", the Amend. ment of Second Schedule. following brackets and words shall be inserted, namely: —

" (or in the case of a person who has held a licence to drive a motor vehicle for a period of not less than five yean and lost sight of one eye after the said period of five years and has applied for a licence to drive a light motor vehicle, other than a transport vehicle, with one eye)";

(ii) in paragraph 5, after the word "hearing", the words "or in the case of a person who has applied for a licence to drive a light motor vehicle, with or without hearing-aid" shall be in- serted.

80. For the Third Schedule to the principal Act, the following Schedule shall be substituted, namely: —

Substitu- tion of Third Sche- dule.

"THE THIRD SCHEDULE

[See sections 7(6) and 17(6)]

TEST OF* COMPETENCE TO DRIVE

PART I

The candidate shall satisfy the person conducting the test that he is able to—

(1) start the engine of the vehicle;

(2) move away straight ahead and at an angle, while at the same time engaging the first and intermediate gears until the top gear is reached;

(3) change down to the lower gear quickly from the top gear when the traffic conditions warrant such change;

(4) overtake, allow to be overtaken, meet or cover the path of other vehicles and take an appropriate course with proper caution giving appropriate signals;

(5) turn right and left corners correctly;

(C) stop the vehicle in an emergency and normally and in the latter case bring it to rest at an appropriate course of the road;

• /) drive the vehicle backwards and whilst so doing enter a limited opening to the right and left;

(S) cause the vehicle to face in the opposite direction by means o! forward and reverse gears;

(9) give by hand and by mechanical means (if fitted to the vehicle), or, in the case of a disabled driver for whom it is Im- practicable or undesirable to give signals by hand, by mechani- cal means in a clear and unmistakable manner, appropriate signals at appropriate times to indicate his intended actions;

i) act correctly :.nd promptly on all signals given by traffic signs, automatic traffic lignts, traffic police or other autho- rised persons and take appropriate notice of signs given by other road users;

(11) demonstrate general control of the vehicle by confident steering and smooth gear changing and braking as and when necessary;

(12) to change quickly to lower gear while driving down- hill;

(13) to stop and re-start the vehicle on a steep upward inclinj making proper use of the handbrake or of the throttle and the footbrake without any rolling back.

NOTE.—(i) Requirements (7) and (8) are not applicable in the case of a motor cycle or a tri-cycle not equipped with means for reversing;

(ii) Requirements (7), (8) and (9) are not applicable in the case of invalid carriages.

PART II

The candidate shall satisfy the person conducting the test that he is—

(1) cognizant of the provisions of sections 81, 82, 83, 84 and 85 and of the Tenth Schedule;

(2) conversant with the general traffic rules and regula- tions relating to the use of lights, speeding, parking, stopping the vehicle in an emergency, accidents, production of docu- ments, right of way, controlled and uncontrolled pedestrian crossings, meaning of light signals (amber, red and green), overtaking, taking a "U" turn, silence zones, one-way traffic, driving on channelised roads and other relevant matters;

(3) aware of the meaning of the traffic signs specified in the Ninth Schedule;

(4) not so deaf as to be unable to hear (or in the case of a person who has applied for a, licence to drive a light motor vehicle with or without hearing-aid), the ordinary sound sig- nals. (This shall not apply to a person who has produced A medical certificate in Form C);

(5) able to distinguish with each eye (or in the case of a person who has held a licence to drive a motor vehicle for a period of not less than five years and lost sight of one eye after the said period of five years and has applied for a licence to drive a light motor vehicle, other than a transport vehicle, fitted with an outside mirror on the steering wheel sidet with one eye) at a distance of 25 metres in good day light (with glasses if worn) a motor car number plate containing seven letters and figures. (This shall not apply to a person who has produced a medical certificate in Form C).'\

81. For the Sixth Schedule to the principal Act, the following Schedule shall be substituted, namely: —

Substitu- tion of Sixth Schedule.

"THE SIXTH SCHEDULE [See sections 24 (3) and 29 (2) ]

REGISTRATION MARKS

One of the groups of letters specified in the second column followed by any other letter shall be used as the registration mark for a vehicle in the State specified in the first column.

2

1

*

. . ..

. AP, AA . AS . BR, BH . GJ, GT . KL . MP, CP . MD, MS . MR, MH . MY, ME

Andhra Pradesh . Assam Bihar . Gujarat Kerala Madhya Pradesh . Madras Maharashtra Mysore

•

I

2

Nagaland

O r i s sa . . . . . . ..

P u n j ab

R a j a s t h an . . . . . ..

U t t ar P r a d e sh . . . . ..

W e st B e n g al

D e l hi

G o a, D a m a n, D iu

H i m a c h al P r a d e s h. . . . ..

M a n i p ur

P o n d i c h e r ry . . . . . ..

T r i p u ra . . . . . ..

. NL . OR, OS . PN, PU . RL RS . UP, US, UT . WB, WG, WM . DL, DH . GD . HI, HP . MN . PY, PD . TR

A n d a m an a nd N i c o b ar I s l a n ds

L a c c a d i v c, M i n i c oy a nd A m i n d i vi I s l a n ds

• AN,; . LC, MA

NOTE I.—These letters shall be followed by not more than four figure^ and th" letters and figures shall be shown—

1. tn the case of transport vehicles. In black on a white ground. 2. In the case of temporary regls- In red on a yellow ground,

trauons (section 25).

3. In the case of registration marks In white on a red ground.

alloticd 10 dealers (section 4i(i)(A).

4. In other cases.

In white on a black ground.

NOTE 2.—In respect of the Maharashtra State, the letters BM, BY may continue to be used in respect ot vehicles which were registered before the 1st October, 1961.".

82. For the Eighth Schedule to the principal Act, the following Schedule shall be substituted, namely :— Subftltl*

" T HE E I G H TH SCHEDULE

tlon of Eighth ScheduK

(See section 71)

LIMITS OF SPEED FOR MOTOK VEHICLBSJ

Maximum speed

Glass of vehicle

per hour in

Kilometres

1 If all the wheels of the vehicle are with pneumatic tyres and the vehicle is not drawing a trailer :—

(a) if the vehicle is a light motor vehicle or a motor cycl< : No limit.

(6) if the vehicle is a medium or heavy passenger motor vehicle . . . . . . ..

60

7W G of L-7.

Maximum speed Class of vehicle per hour in

Kilometres

if the vehicle is a medium or heavy goods motor

vehicle . . . . . . ..

60

if the vehicle is a heavy goods motor vehicle with an

articulated trailer. . . . . ..

50

(a) If the vehicle is drawing not more than one trailer (or in the case of artillery equipment, not more than two trailers) and all the wheels of that vehicle and the trailer are fitted with pneumatic tyres :—

0) if the vehicle is a light motor vehicle and the trailer • being two-wheeled has a laden weight not exceeding 8 00 k g ms . . . . . ..

60

(*) if the vehicle is a light motor vehicle and the trailer has more than two wheels 01 a laden weight exceed- ing 800 kgms. . . . . ..

50

if the vehicle is a medium motor vehicle

if)

50

if the vehicle is a heavy motor vehicle

40

id)

Any case not covered by entry (1) or entry (-2).

30"

(3)

83. After the Eleventh Schedule to the principal Act, the following Schedule shall be inserted, namely :—

Ivsartio* of

MW

S"h"dmlc.

" THE TWELFTH SCHEDULE

(See section 135)

REPEAL OF CERTAIN ENACTMENTS

Short title

Extent of repeal

Serial No.

2

1

3

1.

Vehicles (Andhra Pradesh) (Andhra

Motor Area) Amendment Act, 1948 (20 of 1948) The whole except section* 1 and 12.

2.

Vehicles (Andhra Pradesh) (Telangana

Motor Area) Amendment Act, 1956 (45 of 1956) The whole.

State Road Transport Act, 1954 (30 of

3-

Th" whole.

Assam 1954).

2

I

3

4- Assam State Road Transport (Amendment) Act, 1955 (18 of 1955) . . .. The whole.

5- Motor Vehicles (Bihar Amendment) Act, 1949 (27 of 1950)

The whole except sections 1 and 3.

6. Motor Vehicles (Bihar Amendment) Act, 1953 (1 of 1954)

The} whole.*

7-

The whole except Motor Vehicles (Madres Amendment) Act, 1948 as applicable to Kerala (20 of 1948) .

sections 1 and 3.

8. Motor Vehicles (Madras Amendment) Act, i949'aswapplicable to Kerala (44 of 1949)

The whole.

9-

The whole.

Motor Vehicles (Madras Amendment) Act, 1954 as applicable to Kerala (39~of 1954)

1 0. Motor Vehicles (Madras Amendment) Act, 1948 (20 of 1948)

The whole except sec- tions 1, 3 and 5.

1 1. Motor Vehicles (Madras Amendment) Act, 1949 (44 of 1949¹)

The whole.

12.

The whole except sec- Motor Vehicles (Madras Amendment) Act, 1954 (39 Of T954)

tions T and 2.

13-

The'whole.

Central Provinces and Berar Motor Vehicles (Amendment) Act, 1947 as applicable to Madhya Pradesh (3 of 1948)

14. Motor Vehicles (Bombay Amendment) Act, 1947 (7 of 1947)

The whole.

15-

The whole.

Central Provinces and Berar Motor Vehicles (Amendment) Act, 1947 as applicable to Maharashtra (3 of 1947) . . ..

16.

The whole.

Motor Vehicles (Bombay Amendment) Act 1954 (31 of 1954) .

. .

I7-

The whole."

18.

The whole.

19-

The whole.

I

2

3

2 0.

The whole.

Motor Vehicles (Bombay Amendment') Act, 1947 as applicable to Mysore (7 of 1947)

2 1. Motor Vehicles (Bombay Amendment) Actj

The whole.

1954 as applicable to Mysore (31 of 1954)

2 2.

The whole.

Motor Vehicles (Hyderabad Amendment) Act, 1956 as applicable to Mysore (45 of 1956)

23-

The whole.

Motor Vehicles (Madras Amendment) Act, 1948 as applicable to Mysore (20 of 1948)

24.

The whole.

Motor Vehicles (Madras Amendment) Act, 1949 as applicable to Mysore (45 of 1949)

25.

The whole.^

Orissa Motor Vehicles (Amendment) Act, 1948 (1 of 1949) . . . ..

26. Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carrier's Services) Act, 1947 (36 of 1947)

The whole.

27. Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carrier's Services) Amendment Act, 1951 (41 of 1951)] . . The whole.

28. Motor Vehicles (East Punjab Amendment) Act, 1948 (28 of 1948) . . . .. The whole except sec- tions 1,3,4 and 10.

29. Motor Vehicles (United Provinces Amend- ment) Act, 1948 (11 of 1948.)

The"¹ whole.

30. Motor"Vehicles (Uttar Pradesh Amendment) Act, 1953 (28 of 1953)

The whole.

31- Uttar Pradesh Road Transport Services (Deve-"^ lopment) Act, 1955 (9 of 1955) .

The whole except sec-

tions 1 and 14.

32. motor Vehicles (West Bengal Amendment) Act, 1951 (19 of 1951). . . .. The whole.

33-

The whole.*

Motor Vehicles (Delhi Amendment) Act, 1954 (5~of 1954)^

34- HJmachalW Pradesh StateJ^Road Transport Act, 1953 (5 of 1954)

The whole "

STATEMENT OF OBJECTS AND REASONS

The Motor Vehicles Act, 1939 was amended comprehensively in 1956. Some minor amendments were also effected in the Act in 1960. With the rapid development of road transport during the past few years, a large number of suggestions for amendment of the Act have been received from the various State Governments aiid persons in- terested in the industry. The nationalised road transport under- takings have on the strength of their experience, also been pressing for some changes in the provisions which were introduced in 1956. Further, two Committees appointed by the Government, iHz., th" Road Transport Reorganisation Committee, 1959 (commonly loiown as the Masani Committee) and the Motor Vehicles Insurance Com- mittee, 1962-63, have made a number of recommendations requiring amendments to the Act. Besides, some suggestions for the amend- ment of the Act have also been made by some! other bodies includ- ing the Technical Committee on Road Transport, the Road and In- land Water Transport Advisory Committee and the Transport Deve- lopment Council- The Bill seeks to give effect to the above men- tioned recommendations and to remove the difficulties with regard to the administration of the Act which have come to the notice of the Central Government from time to time.

The main purpose of the Bill is to provide for stricter control over drivers; liberalisation of the existing provisions relating to com- pensation payable to victims of road accidents; liberalisation of res- trictions on inter-State movement of motor vehicles Including tourist vehicles; provision of better facilities and amenities in tourist vehi- cles; improvements in the procedure for the grant and renewal of permits, registration certificates, driving licences and certificates of vehicle fitness; speedy and effective enforcement of the motor vehicle law; removal of procedural difficulties and doubts in regard to inter- pretation of certain provisions by clarifying the intention; levy of fees by various authorities for any specific services rendered by them; more severe punishment for repeated offences of the same nature; revision of the speed limits and weight limits of certain cate- gories of vehicles, and omission of certain obsolete provisions as well as repeal of such State amendments to the Act as are repugnant to the provisions of the Act,

The Bill also seeks to provide for the following matters which are not covered by the existing law, namely: —

(1) Compulsory insurance of motor vehicles against damage to property of third parties, including public property, of a value not exceeding Rs. 2,000.

(2) Imposition of penalty for wilful misrepresentation of facts by the registered owner of a vehicle to the insurer.

(3) Imposition of penalty for vexatious attempt by the in- surer to repudiate his liability.

' (4) Imposition of liability on the insurer to make a special deposit for payment of any claims that axe unreasonably delay- ed or that may be settled after the insurer has gone into liqui- dation.

• (5) Levy of interest where the insurer or the owner or the driver of the vehicle, as the case may be, delays payment of compensation decreed by a Court or awarded by a Tribunal.

(6) Covering of passenger risks in public service vehicles • irrespective of the culpability of the owner or driver of such vehicle for any accident in which it may be involved provided that there was no contributory negligence on the part of the victim.

(7) Empowering of a hirer who possesses a driving licence for motor cars, to drive a taxi.

(8) Exemption from the requirement regarding the counter- signature of permit of a transport vehicle operating on an inter- State route in cases where the terminal points of the route are within the same State but the route passes over a distance of less than 16 kms. through another State.

(9) Validation of a specified number of contract carriage permits relating to tourist coaches and tourist taxis issued in one region of the State, in the other regions of that State without counter-signatures by the transport authorities of the other re- gions.

(10) Validation of a specified number of contract carriage permits relating to tourist coaches and tourist taxis issued in one State, in the other States without counter-signatures.

(11) Appointment of State Transport Appellate Tribunals, constituted by full-time judicial officers not below the rank of a District Judge, to hear appeals/revisions against the orders of the State/Regional Transport Authorities.

The provisions of the Bill have been more fully explained in the Notes on clauses of the Bill.

NEW DELHI; RAJ BAHADUR.

TK* Qth December, 1966,

Notes on Clauses

Clause 2.—Sub-clause (a).—It has been noticed that private cars are sometimes being hired or leased to third parties on a time basis without a route or area permit, taking advantage of the fact that the existing definition of a contract carriage does not visualise the hiring of a vehicle on time basis. This sub-clause therefore, seeks to in- clude in this definition a car hired on time basis without reference to any particular route or distance.

Sub-clauses (b) and (c).—Motor vehicles are classified as "heavy", "medium" and "light" for purposes of speed restrictions and also for the grant of driving licences. For instance, the maximum speed pre- scribed for a heavy vehicle is less than that prescribed for a medium or a light vehicle. In view of the improvement in recent years in the design of motor vehicles and also in road conditions, these sub- clauses seek to increase the weight limits for motor vehicles falling within this classification.

Sub-clause (d).—Small three-wheelers (used for purposes of passenger transport) weigh slightly more than 500 kilograms but les" than 600 kilograms. Instead of defining these vehicles separately for the purposes of the Act, this sub-clause seeks to classify them as motor-cycles by increasing the weight limit prescribed in regard to motor-cycles.

Sub-clause (e).—Tourist coaches and tourist taxis are not de- fined in the Act at present. This sub-clause seeks to include them in the category of contract carriages so as to enable State Govern- ments to ensure that vehicles used solely for tourists conform to much better standards of comfort as the State Government may specify in this behalf.

. Clause 3.—Under the existing law, a person possessing a driv- ing licence for a private car cannot drive a taxi cab even for his own use. In foreign countries, however, it is possible to hire and drive a taxi cab, on payment of moderate charges. This clause seeks to introduce a similar facility in India, particularly for the purpose of promotion of tourism.

Clause 4.—At present, a person has to apply for a driving licence to the licensing authority of the area where he ordinarily residei or carries on business. It has been pointed out that motor driving

training schools do not exist in all the districts and n will be con- venient to a person who undergoes training in a school to secure hia driving licence before leaving the school. This clause enables a person to obtain a driving licence from the licensing authority of the area in which the school where he gets training in motor driv- ing is situated.

Clause 5.—Sub-clause (a).—At present, a driver of a transport vehicle and paid drivers of other motor vehicles are required to produce medical certificates only when they get the driving licence for the first time. With a view to reducing the risk of accidents owing to any disease or disability from which the holder of the licence may suffer, it is proposed to provide by this sub-clause for the pro- duction of medical certificate for the renewal of driving licence of luch person.

Sub-clause (b).—This sub-clause is designed to ensure that unscrupulous drivers with a bad record of driving do not get their licences renewed in other places where their antecedents are not known. To prevent hardship to the drivers a provision has been made for the grant of provisional licences pending the verification of their antecedents.

Clauses 6 and 7.—At present, only total disqualification of a driver is possible. There may, however, be cases where it may be suffi- cient to restrict a driving licence to only vehicles of a particular class or description. These clauses enable the authorities concerned to order such partial disqualifications.

Clause 8.—This clause makes a consequential amendment.

Clause 9.—Sub-clause (a).—This sub-clause enables a State Government to prescribe minimum qualifications for drivers of trans- port vehicles. It also contains the necessary safeguard to the effect that the existing drivers will be given sufficient time to acquire such qualifications as may be prescribed.

Sub-clause (b).—It has been pointed out that hold-up of inter- State traffic can be reduced if the drivers of public carriers' vehicles operating on inter-State permits wear distinctive badges and uni- forms. The proposed amendment will enable the State Govern- ments to frame rules prescribing such distinctive badges and uni- forms.

Sub'dause (c).—Under clause (i) of sub-section (2) of section 21 of the Act, schools for giving driving instructions are established with th" approval of th" licensing authority of the ar"t in which the

school is to toe established. These schools have also to be inspected and controlled by the licensing authority. The approval, Inspection and control involve a considerable amount of work and expenditure on the part of the licensing authority. Since the sojpfools are run on commercial lines and adequate fees are realised from the persons receiving instruction and training, the proposed amendment provides for the levy of registration fee on these schools.

Clause 10.—It has been observed that chassis, registered tem- porarily and handed over to body-builders, are often not returned by the body-builders within a period of one month. The proposed amendment permits the registering authority to raise the maximum period of validity of temporary registration from one month to three months in respect of such chassis.

Clause 11.—It has been pointed out that considerable difficulties have been experienced in cases in which motor vehicles owners givt incorrect addresses when they get their vehicles registered. Th" proposed amendment enables the registering authority to refuse re- gistration, if inaccuracy in the particulars furnished in the applica- tion for registration is detected.

Clause 12.—This clause omits section 29A because the provision* of this section do not serve any useful purpose now.

Clause 13.—At present there are no substantive provisions in th" Act, enabling any endorsement on the certificate of registration of a vehicle to indicate that the vehicle is either covered by hire-purchase agreements or is hypothecated against any loans. The existing forms E and G in the First Schedule relating to registration of a motor vehicle, include a provision for indicating the name of the hire- purchase financier if a vehicle at the time of registration is held under an agreement. Detailed provisions have, of course, been made by the State Governments in the Motor Vehicles Rules regard- ing hire-purchase transactions. However, experience has shown that statutory provisiona with regard to this matter are necessary.

Motor vehicles are acquired not merely on hire-purchase basis but also with loans taken from banks, etc. The vehicles are offered "8 security for such loans. In the absence of any provision in the Act in regard to such hypothecation, it has been pointed out that bank*, "tc, are reluctant to finance the purchase of vehicles.

This clause provides for the endorsement of hire-purchase or hypothecation agreements on certificates of registration, cancella- tion of such endorsements and transfer of vehicles held under such agreements.

700 G of 1—8.

Clause 14.—The amendments made by this clause are of a purtly dariflcatory nature and are meant to remove the doubts raised In the course of the administration of section 36.

Clause 15.—It has been pointed out that certificates of fitness in respect of new transport vehicles are granted for different periods in the different States. Since new vehicles are expected to remain road-worthy for at least one year from the date of their registration, it is considered desirable to prescribe this minimum period in the Act itself. It is, however, felt that the certificate of transport vehicle licensed to operate in hilly areas should be subject to review after every six months because such vehicles are put to greater strain than the vehicles operating in plains.

Clause 16.—Sub-clause (a).^-This amendment rectifies * mistakt which occurred in the Act in 1956.

Sub-clause (b).—This amendment is consequential upon the in- sertion of new section 31A proposed in clause 13 and it also seeks to empower State Governments to prescribe fees for endorsement of hire-purchase or hypothecation agreements on the certificate of registration.

Clause 17.—Sub-clause (a).—This sub-clause clarifies that a trans- part vehicle should not be used on a route which is not covered by its permit, even when it does not carry any goods or passengers for hire or reward. This clarification became necessary because of a ruling of a High Court to the effect that the conditions of a permit are not binding on the permit holder when the transport vehicle con- cerned is run empty.

Sub-clause (b) (ii) and (v) .—Experience has indicated that be- sides the purposes specified in sub-section (3) of section 42 for exemption pf transport vehicles from the necessity of taking permits, ', is necessary to allow such exemption in the case of the following classes of transport vehicles also:—

(i) any transport vehicle used by a dealer of motor vehicles or a body-builder for such purposes (e.g., demonstration of vehicles) as may be specified by the Central Government;

(ii) any transport vehicle purchased in one State and pro- ceeding to a place situated in any other State, without carry- ing any passenger or goods;

({ii) any transport vehicle which has been temporarily registered, while proceeding empty to any place for the pur- pose of regular registration;

(iv) any transport vehicle used for such purposes (other than plying for hire or reward) as the Central Government may specify by notification: this is intended to facilitate inter-State movement of transport vehicles, e.g., second-hand transport vehicles purchased in one State to be driven, empty, to another State.

Sub-clause (b) (iv).—The words "except as may otherwise be prescribed" occurring in the beginning of clause (i) of sub-section (3) of section 42 have been taken, In certain States, to imply that light motor vehicles of the class mentioned in that clause can also b" subjected to permit control. It was never intended to subject such vehicles used for non-commercial purposes to permit control. Hence the sub-clause seeks to delete these words.

Clous* 18,—Thin is a clarlflcatory amendment.

Clause 19.—The proposed amendment enables the State Gov- ernments to constitute Regional Transport Authorities in any manner they think fit, i.e., a Regional Transport Authority may consist of a single official or members of a Regional Transport Authority may be officials or non-officials or both. Provision has also been made for the transaction of business in the absence of the Chairman or any other member of a Transport Authority: this provision has been made for removing the doubts which were expressed during the course of administration of the provisions of section 44 of the Act.

Clause 20.—At present the operators have to approach severil Regional Transport Authorities for counter-signature of permits when the route covered by ouch permits passes through several regions. Moreover a permit granted by one Regional Transport Authority is not valid in other regions even in the same S^ate. Th's clause seeks to enable the grant or counter-signature of Inter-reglonal and inter-Stdte permits by the State Transport Authority.

This clause also requires every applicant for the grant of a stag* carriage permit or a public carrier's permit to make a security depo- sit with a view to preventing the making of frivolous applications for the purpose of preventing the issue of a temporary permit under section 62 of the Act-

Clause 21.—These are clariflcatory amendments.

Clause 22.—Unlike sections 51 and 56 which relate to th" grant of contract carriage and public carrier's permits, section 48 does not