REGISTERED No. D 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 55 ] NEW DELHI, MONDAY, NOVEMBER 25, 1968/Agrahayana 4, 1890
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following report of the Joint Committee of the Houses of Parliament on the Bill further to amend the Motor Vehicles Act, 1939 was presented to the Rajya Sabha on the 25th November, 1968.
COMPOSITION OF THE JOINT COMMITTEE ON THE MOTOR VEHICLES (AMENDMENT) BILL, 1965
Shri M. P. Bhargava—Chairman
MEMBERS
Rajya Sabha
2. Dr. Anand Chand 3. Shri B. N. Antani 4. Shri M. V. Bhadram
(1.397)
909 G of I—1.
1398 THE GAZETTE OF INDIA EXTHAORDINARY [PA*T U5. Shri Niranjan. Singh'" 6. Shri Narayan Patra 7. Shrimati Lalitha Rajagopalan 8. Shrimati Sarla Bhadauria 9. Shri C. L. Verma
10. Shri Niranjan Varma 11. Shri Tirath Ram Amla 12. Shri Mahabir Dassf 13. Shri Ham Sahaif 14. Shri Abid AliJ 15. Shri N. Sri Rama ReddyJ
Lok Sabhc
16. Shri Syed Ahmed Aga 17. Shri Bhakt Darshan 18. Shri Ram Dhani Das 19. Shri Tulaidas Dasappa 20. Shri D. N. Deb 21. Shri Kanwar Lai Gupta 22. Shri B. D. Deshmukh 23. Maullana Ishaq Sambhali 24. Shri Liladhar Kotoki 25. Shri Vikram Chand' Mahajan 26. Shri Bhola Nath Master 27. Shri Mohammad Ismail 28. Shri Mohan Swarup 29. Shri Dahyabhai Parmar 30. Shri Pashabhai Patel 31. Shri Jatindra Nath Pramanik 32. Shri K. Rajaram 33. Shri Chitta Ranj an Ray 34. Shrimati Sushila Rohtagi 35. Shri S. K, Sambandhan 36. Shri V. Sambasivam 37. Shri Beni Shanker Sharma 38. Shri Diwan Chand Sharma 39. Shri Devendra Vijay Singh 40. Shri Prakash Vir Shastri
*Di"d on the i6th October, 1968.
•fCeased to be members of the Comminee consequent upon tkeir retirement from the membership of the Rajya Sabha oa the 2nd April, 1968 an* re-appointed to the Committee on 24th July, 1968.
tAppointed 00 the 24th July, 1968) in the vacancies "ma"d by the retirement o) Mautant Abdul Shakoor and Shri M. Govlnda Reddy from the membenhip of the IU)ya Sabhfl on 2nd April, ip6fi.
SEC. 2] THE GAZETTE Oi1 INDIA EXTRAORDINARY 139Q41. Shri Arangil Sreedharan 42. Shri S. Supakar 43. Shri Kommareddi Suryanarayana 44. Shri Om Prakash Tyagi 45. Dr. V.K.R.V. Rao
Ministry of Law
Shri S. K. Maitra, Joint Secretary and Legislative Counsel Sferi R. N. Shinghal, Deputy Legislative Counsel
Ministry of Transport and Shipping
ahxi R. K. Sharma, Deputy Secretary Shri J. N. Gupta, Deputy Secretary Shri R. C. Gupta, Officer on Special Duty
Shri S, S. Bhalerao, Joint Secretary Shri S. P. Ganguly, Deputy Secretary Shri Kislian Singh, Under Secretary
idoo THE GAZETTE OF INDIA EXTRAORDINARY [PART IIREPORT OF THE JOINT COMMITTEE
1. the Chairman of the Joint Committee to which the Bill* further to amend the Motor Vehicles Act, 1939, was referred, having been authorised to submit the Report on their behalf, present this their Report, with the Bill as amended by the Committee annexed there- to.
2. The Bill was introduced in the Rajya Sabha on the 11th Decem- ber, 1965 by Shri Raj Bahadur, the then Minister of Transport.
3. The motion for reference of the Bill to a Joint Committee of the Houses (Appendix I) was moved in the Rajya Sabha by Shri CM. Poonacha, the then Minister of State in the Ministry of Transport and Aviation, on the 3rd August, 1966, and was adopted on the same day. A message was thereafter transmitted to the Lok Sabha on the 4th August, 1966, communicating to the Lok Sabha the adoption of the said motion by the Rajya Sabha. The third Lok Sabha was dissolved on the 3rd March, 1967, before any action could be taken pursuant to the said message.
4. A fresh motion for reference of the Bill to a Joint Committee of the Houses was moved in the Rajya Sabha by Prof. V.K.R.V. Rao, the Minister of Transport and Shipping on the 13th February, 1998, and was adopted on the same day (Appendix II).
5. The motion for concurrence in the recommendation of the Rajya Sabha was discussed in the Lok Sabha on the 8th May, 1968, and was adopted on the same day (Appendix III).
6. The message from the Lok Sabha was reported to the Rajya Sabha on the 9th May, 1968.
7. The Report of the Committee was to be presented to the House on the 31st August, 1968. The Committee were, however, granted an extension of time up to the 30th November, 1968.
•Published in rhe Gazette of India, Part IT, Section 2, dated the nth December 1965.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY IAOI8. The Committee held ten sittings in all.
9. At their first meeting held on the 14th May, 1968, the Com- mittee decided to issue a Press Communique inviting memoranda from various organisations and individuals interested in the subject- matter of the Bill and to hear evidence from. them. The Committee authorised the Chairman to decide, after examining the memoranda, as to who should be called to give oral evidence, before the Com- mittee,
10. Twenty-five memoranda on the Bill were received by the Committee from various organisations and individuals (Appendix TV).
11. The Committee heard evidence tendered by ten witnesses (Appendix V).
12. The Committee hav? decided that the evidence tendered before them should be printed and laid on the Table in both the Houses.
13. The Committee considered and adopted the Report on the 15th November, 1968.
14. The observation of the Committee with regard to the princi- pal changes suggested in the Bill are set out below: —
Clause 2
(i) The Committee are of the opinion that the terms "area" and "route" which occur in the various sections of the principal Act and in the clauses of the Bill should be denned. The Committee also feel that the definition of "articulated vehicle", as given in the Ex- planation in Form E of the First Schedule, should be brought to the section by which the various expressions have been defined. The Committee have accordingly inserted suitable definitions of these terms in the clause.
(ii) The Committee feel that the three-wheeled vehicles (such as two-seater scooters, four-seater rickshaws and tempos) should,
1402 THE GAZETTE: OF INDIA EXTRAORDINARY [PART IIaccording to their use, fall appropriately in the category either of "motor-cabs" of "goods vehicles" and not in the category of "motor- cycles" as contemplated in the principal Act. The Committee have therefore suitably revised the definition of the term "motor-cycle".
^Clauses 5 and 6
The changes made are of a drafting and consequential nature.
Clause 10
The Committee feel that the total period of temporary registra- tion of a chassis to which a body has not been attached should not exceed 3 months. Necessary changes clarifying the position have been made in the clause.
Clause 13
The changes made in sub-sections (2), (4) and (5) of the pro- posed section 31A are of a clarifying and drafting nature.
Clause 17
The Committee feel that in view of the definition of the expression "transport vehicle", the words and brackets " (including a chassis to which a body has not been attached)" occurring in clause (k) propos- ed to be inserted in section 42(3) of the principal Act should be deleted. The clause has been amended accordingly.
The Committee feel that in case of natural calamity like floods and earthquakes the question of obtaining countersignature of the appro- Driate authority on the permit for the diversion of the route to enable the transport vehicle to reach its destination should not arise. The Committee have accordingly inserted new clause (m) to that effect.
Clause 18
The changes made in the clause are intended to enable the State Governments to issue directions to the State Transport Authorities for the grant of permits for alternative routes to private operators whose permits are not renewed as a result of the new provisions made in
EC. 2] THjfi GAZETTE OF INDIA EXTRAORDINARY 1403clause 41 of the Bill. The other change made In the clause is of a drafting nature.
Clause 19
Section 44(2) of the principal Act provides that the Chairman of a State Transport Authority or a Regional Transport Authority shall be a person who has had judicial experience. Ag there was some doubt as to whether any member of such Authority who did not have judicial experience could preside over the meetings of the Authority during the absence oi' its Chairman, the Committee feel that the position should be clarified by providing that in the absence of the Chairman any member of the Authority could preside notwithstand- ing that such member does not have judicial experience. The Com- mittee are, however, of the opinion that when a Regional Transport Authority consists of only one member, that member must have judicial experience. Necessary changes have accordingly been made in the clause.
Clause 20
The Committee are of the opinion that the maximum security
deposit of a sum of rupees five thousand per motor vehicle as required by the clause, is excessive. The Committee have accordingly re- duced such maximum to rupees five hundred per motor vehicle.
Clause 25
In view of the practical difficulties involved in completing in time the procedure for the renewal of a permit, the Committee feel that an application for the renewal of a permit shall be made—
(a) in the case of a stage carriage permit or a public carrier's permit, not less than one hundred and twenty days before the date of its expiry; and
(b) in any other case, not less than sixty days before the date
of its expiry.
The clause has been amended accordingly.
1404 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIClause 29
(i) Sub-clause (a): The idea underlying the proviso proposed to be inserted in the principal Act by the sub-clause is to dispense with the requirement of counter-signature on a permit in regard to a route which originates and terminates in the same State but passes through a small portion of another State. The Committee are of the opinion that "sixteen kilometres" as provided in the Bill could not be treated as a small portion of a route for this purpose and as such feel that the length of such portion should be reduced to eight kilometres.
(ii) Sub-clause (e): The Committee are of the opinion that the maximum security deposit of rupees five thousand per motor vehicle as required by the proposed sub-section (8), is excessive. The Committee have, therefore, reduced such maximum to two thou- sand rupees per motor vehicle.
Clause 31
The Committee are of the view that thirty days is too short a period for preferring an appeal against the decision, direction or order of the Inter-State Transport Commission, and have accordingly sum not exceeding—
Clause 36
The Committee are of the opinion that in order to protect the interests of consigners and consignees of goods, a sufficiently high ceiling should be laid down on the quantum of security deposit that could be demanded from an agent or canvasser in the Bill itself. The Committee have accordingly modified sub-clause (c) of the. pro- posed section 66A(2) so as to provide that a security deposit of a sum not exceeding—
(a) five thousand rupees may be demanded from an agent en- gaged in the business of collecting, forwarding or distri- buting goods carried by public carriers;
SEC 2J THE GAZETTE OF INDIA EXTRAORDINARY 1405(b) five hundred rupees may be demanded from any other agent or canvasser.
Clause 39
The Committee feel that the scheme relating to an area or route which a State Transport Undertaking would like to take over in public interest should be published not only in the Official Gazette but also in at least one newspaper circulating in the area or route which is proposed to be covered by the scheme, so that the contents of the scheme may be brought to the notice of the person affected thereby to enable him to file objections against such scheme. The Committee have accordingly amended the clause.
Clause 41
The Committee feel that when a scheme of nationalisation is pub- lished under section 68C, no permit should be granted or renewed to any person. But in view of the fact that between the publica- tion of such scheme in the draft form and the date of its publication in the approved form, there is bound to be a time lag, the Commit- tee feel that temporary permits should be issued for the intervening period to the State Transport Undertaking, if it so desires, or, when it does not so desire, to any other operator, so that the interests of the users may not suffer. New sub-sections, viz., sub-sections (1A), (IB), (1C) and (ID) are, therefore, proposed to be inserted in sec- tion 68F. The clause has been amended accordingly.
Clauses 48 and 49
The Committee feel that the power to exempt vehicles with left hand steering control from the operation of the proposed sub-section (2) of section 79 and of section 80 of the principal Act should also vest in the State Governments. The Committee have accordingly omitted the word 'Central' in both the clauses.
Clause 56
The Committee are of the opinion that the period given to an Insurer to intimate his refusal to the transfer of the certificate of insurance and the policy to the insured and purchaser of the second- hand vehicle, should be extended from seven days to fifteen days.
1406 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIThe Committee are also of the opinion that where the purchaser of a second-hand vehicle has paid to the seller some amount as consideration for the unexpired term of the insurance policy of that vehicle but the insurer has refused to transfer the insurance policy in favour of the purchaser, the insurer should refund to such purchaser the amount which he would have had to refund to the insured for the unexpired term of the policy.
The Committee have accordingly made necessary changes in the clause.
Clause 61
Under section HOC (2) of the principal Act, the Claims Tribunal has been vested with all the powers of a Civil Court for the pur- pose of taking evidence on oath and of enforcing the attendance of witnesses etc. The Committee feel that these powers are adequate for the proper functioning of the said Tribunal. The Committee have accordingly deleted proposed sub-section (2A), which provided for penalties for non-attendance or non-production of document or material objects in obedience to any summons issued by the Claims Tribunal.
Clause 62
The Committee are of the opinion that the expression "non-dis- closure" or "non-disclosure of a material fact", used in the proposed new section 110CCC, is liable to be misused by the insurer at the time of payment of claims. In any case, the Committee feel that "misrepresentation" of a material fact would be wide enough to cover all the cases of non-disclosure. The Committee have accordingly amended the clause by omitting the expression "non-disclosure", therefrom.
Clauses 67 and 68
The Committee are of the view that heavier punishment should be imposed for any second or subsequent offence even if committed after the lapse of a period of three years of the commission of a previous similar offence. The Committee have accordingly modified tile clause*.
SEC. 2] THE GAZETTE OJb1 INDIA E X T U A O K D I N A KY J407The clause has been omitted as a consequence of the amendment* carried out in clauses 67 and 68.
Clause 71 (Original)
The amendment is of a verbal nature.
Clause 77 (Original Clause 78)
The explanation occurring in Form E of the First Schedule of the principal Act regarding "articulated vehicle" has been omitted conse- quent to the inclusion of that expression in clause 2 of the Bill. A new sub-paragraph (v) has accordingly been inserted under th" paragraph amending Form E.
Clause 80 (Original Clause 81)
The amendments which have been made are consequential to the re-organisation of the State of Punjab and extension of the principal Act to the State of Jammu and Kashmir.
Clause 81 (Original Clause 82)
Thf> Committee have, by inserting a new entry '(2) (e)' In the Eighth Schedule, put down a higher speed limit of 50 KMs. per hour for heavy motor vehicles (drawing trailers) used by the Fire Brigade, instead of 40 KMs. per hour provided for other similar heavy motor vehicles, so that the vehicles of the Fire Brigade may reach the site of fire as speedily as possible. The other change made in the clause is of a consequential nature.
15. The other changes made in the dill are of a consequential or drafting nature.
16. The Committee recommend that the Bill as amended be passed.
NEW DBLHI; M. P. BHARGAVA, November 15, 1968. Chairman of the Committee.
1408 THE GAZETTE Ot1 INDIA EXTRAORDINARY [PART IIMINUTES OF DISSENT
I
It is an open secret that there is great corruption in some of the States from top to bottom in granting permits for plying buses on certain specified routes. For granting such permits the R.T.A.'s and their superior or subordinate authorities indulge in various types of mal-practices. The permit-holders too, who are favourites of the ministers or the R.T.A.s, having no experience in the line of the trade, sometimes adopt corrupt means and sell their permits to out- siders at prices which vary from Rs. 5,000 to a lakh even,
Though nowhere in the principal Act the number of buses which could ply on a specified route, is fixed, in actual practice, it is being done and a much lesser number of buses is allowed on those routes. Naturally the prospective permit-holders in order to have exclusive right to those routes offer illegal gratification to such authorities for the permit with the result that while these route-owners, using dilapidated vehicles and crowding them to the brim from foot-board to the roof, make exorbitant profits, the travelling public is put to greatest inconvenience and hardship, which could better be imagined than described.
How to eliminate this mal-practice is the problem of the day. The bill does not contain any provision to put a stop to such a practice. It was suggested to add a proviso to clause 42 of the Bill saying that a ballot should be held for all the applicants and the necessary number chosen accordingly. But this ballot system could also be manoeuvred, and the same difficulty would arise due to short number of the vehicles on the route. Now our suggestion is that a provision should be made in the Bill that no application for permit should be refused simply on the ground that it exceeded the required number which is more or less arbitrarily fixed by the authorities to suit their own ends provided the applicants satisfied all other conditions and were otherwise eligible.
A situation may arise when permits could be granted to more ( applicants than the actual needs of the route. But why the Gov- ernment should bother about it. It would be for the applicants to Bee whether it would be profitable or harmful to them and in doing
SKC. 2} THE GAZETTE OF INDIA EXTRAORDINARY 1409so only those operators who could offer better service conditions would remain in the fieltl and others will be eliminated on the prin- ciple of survival of the fittest. In this process, some people may lose some money but why again should the Government worry about the loss to a negligible few, who can afford to lose, in face of incal- culable hardships to the millions of the travelling public.
In the present set-up what happens is that the permit-holder wants to fleece as much money as is possible out of the travelling public by treating them as beasts. Rotten, broken and dilapidated vehicles and over-crowding are the order of the day. Inasmuch as he knows fully well that there would not be any body else In the field to compete with him and the intending passengers shall have no other alternative but to travel by his vehicle. If there were-one or more other operators, the travelling public would shun that devil and go to the other man who will offer them better service condi- tions and speedy means of reaching their destinations. As such monopoly of any particular person or group of persons should be eli- minated. The Government is wedded to the principle of doing away with monopolies and monopolists and why the same nrini/jple should not be extended to the field of transport is a big question.
This practice has made the unscrupulous rich richer at the cost of the General Public, An element of healthy competition therefore Is needed to be intioduced in this trade so that even if there was a loss to a few, the millions of the general public could be provided with better comforts and not put to disadvantages find hardships, our motto being greatest good to greatest number of people. This could be achieved only if we could do away with the present arbi- trary curbs and controls on permits and allow more operators to come in the field with a sense of competition for service of the people. The corruption and the resultant miseries to the people could be rooted out only if we allowed a free and healthy competi- tion amongst the operators.
We would further suggest that it should be provided somewhere m this Bill that the number of the vehicle displayed on the plates may also be written in Hindi figures.
EENI SHANKER SHARMA
OM PRAKASH TYAGI
NEW DELHI;
November 15, 1968.
I (.IO THE GAZETTE OF INDIA EXTRAORDINARY" L1JAKTII
Alter giving a careful consideration I find that certain clauses benefit the insurance companies at the expense of passengers and third parties. One of such clauses is Clause 54 which amends Sec- tion 95 of the Principal Act. Clause b(ii) proposed to be substituted in sub-section (1) of Section 95 of the Principal Act, exempts insu- rance companies from giving compensation to those third parties, who are also to a certain extent negligent. Thus, for example, in Buses it is written that passengers should not keep their arms out. If by inadvertence a passenger keeps his arms out, and the other Bus coming from wrong side hits his arms then under the present Bill, Insurance Company will not be held liable. But at present under the existing law the courts do give the compensation though it is decreased on the ground that the passenger is also negligent to the extent of 20 per cent or 30 per cent as he kept his arm out in spite of the fact that it was written in bold letters in the Bus not to keep the arm: out.
Again for example, a man crosses a crossing on foot though the signal gives a warning not to cross. Now a car comes at a very great speed and as the driver at that speed is unable to Immediately stop therefore he over runs the man. Had the driver been driving slowly he could have saved the pedestrian who was crossing when the signal was against him.
Under the existing law most of the High Courts of India would hold that the pedestrian is guilty of contributory negligence, say to the extent of 40 per cent. Thus instead of giving Rs. 100 as compen- sation the heirs of dead man would get Rs. 60.
But under the proposed law the Insurance Companies would completely escape the liability. This provision is Deing copied from the English Law of Torts which is much more stringent. Even there they have started realizing the harshness.
An argument was given at the Committee meeting that this pro- vision merely embodies the existing system of law. I would suggest that in the report of the Committee some decisions of the Indian High Courts after 1962 as instances for the benefit of the members be added as an Annexure. Such instances should be of third party who have been injured due to an accident and who have been held guilty by the courts for contributory negligence to the extent of 30 per cent and 40 per cent. And thus the Insurance Companies were exempted from the payment of the compensation to them.
Therefore, I submit that this provision should be deleted.
N t tW jjmn; VIKBAM CHAND MAHAJAN November 19, 1968.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 14 uBILL NO. XIX—B OF 1965
A Bill further to amend the Motor Vehicles Act, 1939.
BE It enacted by Parliament in the Nineteenth Year of the
Republic of India as follows: —
1. (1) This Act may be called the Motor Vehicles (Amendment)
Act, 1968.
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.
1412 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II4 of 1939.
2. In section 2 of the Motor Vehicles Act, 1939 (hereinafter referred to as the principal Act),—
Amend- mont of section 2.
(a) clause (1) shall be re-numbered as clause (IB), and before clause (IB) as so re-numbered, the following clauses shall be inserted, namely: —
'(I) "area", in relation to any provision of this Act, means such area as the State Government may, having re- gard to the requirements of that provision, specify by noti- fication in the Official Gazette;
(1A) "articulated vehicle" means a tractor to which a trailer is attached in such a manner that a part of the trai- ler Is super-imposed on, and a part of the weight of the trailer is borne by, the tractor;';
(b) 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
(ii) from one point to another, and in either case without stopping to pick up";
(c) in clause (9), for the figures "8,200", the figures "11,000" shall be substituted;
(d) in clause (13), for the figures "3,000", the figures "4,000" shall be substituted;
(e) for clause (17), the following clause shall be substi-
tuted, namely: —
'(17) "motor cycle" means a two-wheeled motor vehicle, the unladen weight of which, inclusive of the unladen weight of any detachable side car, having an extra wheel, attached to motor vehicle, does not exceed 600 kilograms;';
(f) after clause (28), the following clause shall be inserted, namely: —
' (28A) "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another;';
• S E C. 2] T t iE G A Z E T TE OF I N D IA E X T R A O R D I N A RY i4 Ii(g) 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;'.
a. In section 3 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: —
Amend- ment ol section 8.
" (3) Notwithstanding anything contained in sub-section (1), a person who holds an clfective 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 V. "(i) 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,
lor 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
Amend- ment of aection 11, further proviso shall be added, namely: —
"Provided further that where the application is for the renewal of a licence to drive as a paid employee or to drive a transport vehicle or where in any other case the original licence was issued on production of a medical certificate, the same shall be accompanied by a fresh 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.":
909 G of 1—3
1414 T HE GAZETTE OF INDIA EXTRAORDINARY |_PART II(b) after sub-section (3A), the following sub-section shall be inserted, namely: —
"(323) When the authority to whom an application for the renewal of a licence to drive as a paid employee or to drive a transport vehicle is made, is not the authority which issued the licence sought to be renewed, it may, for Ihe 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 sucli period or periods not exceeding one year in the aggregate, subject to the condition that every such provision- al 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 ice paid shall be refunded to such extent and in such manner as may be prescribed,
(ii) where the application for renewal has not been rejected within the said period, the licence shall be renewed.".
6. In section 15 of the principal Act,—
Amend- ment of section 15.
(a) in sub-section (J), for the words "a driving licence", the words "any driving licence or a 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, made under sub-section (2), disqualifies him from driving any specified class or des- cription of motor vehicles, the licensing authority shall en- dorse the disqualification upon the driving licence and return the same to the holder.".
Amend- ment of section 16.
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.
SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 14158. In section 18 of the principal Act, alter the words "cease to be effective", the words "to such extent and" shall be inserted.
Amend- ment of section 18.
9. In section 21 of the principal Act, in sub-section (2),—
Amend- ment of section 21 (a) for clause (aa), the following clause shall be substi- tuted, namely: —
" (aa) the minimum qualifications of persons to whom licences to drive transport vehicles are issued, the tim'e within which such qualifications are to be acquired by persons holding immediately before the commencement of the Motor A^ehicles (Amendment) Act, 196G, licences to drive transport vehicles, and the duties, functions and con- duct of such persons;";
(b) in clause (d-d), for the words "stage carriages or con- tract carriages", the word:; "transport vehicles" shall be sub- stituted;
(c) in clause (i), after the words "for the instruction of drivers of motor vehicles", the brackets and words " (includinj;; 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 25.
"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 oil one month for being fitted with a body, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods so, however, that the total period of such temporary registration may not exceed, in any case, three months.".
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.
Omission 12. Section 29A of the principal Act shall be omitted.
3f section J9A.
1416 THE GAZETTE OF INDIA EXTRAORDINARY [PART II13. In the principal Act, after section 31, the following section shall be inserted, namely: —
Insertion of new section 31A.
"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.
Special provision) regarding motor vehicles uubject to bire-pur- chase agree- ment.
(2) When the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into a hire-purchase agreement with any person, the registering authority shall, on receipt of an application from the parties to that agreement, make an entry as to the existence of such hire- purchase agreement in the certificate of registration.
(3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the registering authority on proof of the termination of the hire-purchase agreement.
(4) No entry regarding the transfer of ownership of any motor vehicle which is held under a hire-purchase agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the re- gistered owner has entered into a hire-purchase agreement.
(5) Where the person whose name has been specified in the certificate of registration as the person with whom the register- ed owner has entered into a hire-purchase agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the agreement and that the registered owner re- fuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an oppor- tunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not pro- duced before It, cancel the certificate and issue a duplicate there- of to the person aforesaid.
(6) The provisions of sub-sections (1) 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.",
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1417Amend- ment of section 38.
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) ,—
(a) in clause (e), for the brackets and figure "(3)", the
Amend- ment of section 41.
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 hypothe- cation 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), tho following clause shall be in- serted, namely: —
" (#) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chass;s, 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 (i), the words "except as may otherwise be prescribed," shall be omitted;
i4t8 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT IT(iv) after clause (i), the following clauses shall be in- serted, namely: —
"(j) subject to such conditions as the Central Government may, by notification in the Official 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;
(k) to any transport vehicle *** which has been temporarily registered under section 25, while proceed- ing empty to any place for the purpose of registration of the vehicle juicr section 24;*
(I) to any transport vehicle used for such purpose (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify; or
(m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination.''.
18. In section 43 of the principal Act, in sub-section (1),~~ Amend- ment of section 43.
(a) in sub-clause (i), aftor the words "the fixing of fares and freights", the brackets and words "(including the maximum and minimum, in respect thereof)" shall be inserted;
(b) in sub-clause (in), after the words "existing permits", the words, brackets and figures "are not renewed in pursuance of the provisions of sub-section (ID) of section 68F, or" shall be inserted.
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 being less than two," shall be substituted;
(b) for the words "Provided that", the following shall be substituted, namely: —
"Provided that nothing in this section shall prevent any of the members of the State Transport Authority or the
SEC. 2} THE GAZETTE OF INDIA EXTRAORDINARY i4 l9Regional Transport Authority, as the case may be, to pre- side over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience:
Provided further 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* 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 also that".
20. Section 45 of the principal Act shall be re-numbered as sub- section (7) thereof, and after sub-section (/) as so re-numbered, the following sub-sections shall be inserted, namely: —
Amend- ment of Section 45.
"(2) Notwithstanding anything contained in sub-section (\1), the State Government may, by notification in the Official Ga2ette, direct that in the case of any vehicle or vehicles pro- posed Lo be used in two or more regions lying in different States the application under that sub-section shall be made to the State Transport Authority of the region in which the applicant reside; or has his principal place of business.
(3) Every applicant for the grant of a new permit undei section 46 or section 54 shall deposit, by way of security, witr. his application an amount in such manner and at such rate noi exceeding rupees five hundred per motor vehicle, as the State Government may, with reference to each class of vehicle b> notification in the Official Gazette, specify.
(4) The security furnished under sub-section (3) may b< forfeited in whole or in part by the transport authority if it h satisfied that the application was made for the purpose of pre venting the issue of a temporary permit under section 62 anc the whole or part of it as has not been forfeited shall be refund ed to the applicant, as soon as may be, after the disposal of th< application:
Provided that no such forfeiture shall be made unless th( transport authority has given the applicant a reasonable oppor tunity of being heard.".
21. In section 46 of the principal Act, in clause (c) ,—
Amend- ment of "ection 46
(a) for the word "services'1, wherever it occurs, the word "trips" shall be substituted;
(b) the following Explanation shall be added at the end, namely.—
'Explanation.—For the purposes of this section, section 48 and section 57, "trip" moans a single journey from one point to another, and every return journey shall be deemed to tau a separate trip;'.
22. in section 48 of the principal Act,—
(n) sub-section (2) shall be omitted;
Amend- ment of section 48.
(fj) in sub-section (3),—
(i) for clause (i), the following clauses shall be sub- stituted, 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;";
{ii) in clause (ii), for the words "services to be main- tained", the words "trips to bo provided" shall be substi- tuted;
(in) 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 kilo- metres, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the public con- venience 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 cltiuse {ii), the following clause shall be inserted, namely: —
Amend- ment of Section 51.
"(iia) the maximum number of passengers and the maxi- mum weight of luggage that may be carried on any specified vehicle or on any vehicle of a specified type, either generally or on specified occasions or at specified times and seasons;".
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1421Amend-
ment of
lection 57.
24. 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,—.**•**
(a) in sub-section (2),—
Amend-
ment of
Motion 58.
(i) in clause (a) of the proviso, for the words "sixty days", the words "one hundred and twenty days" shall be eubstituted;
(ii) In clause (b) of the proviso, for the words "thirty days", the words "sixty days" shall be substituted;
(b) after sub-section (3), the following sub-section shall b" inserted, namely: —
"(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 section 62, and where a temporary permit has been granted, the fee paid in respect of auch temporary permit shall be refunded.".
26. In section 59 of the principal Act,—
Amend-
ment of
section 58.
(a) in sub-section (2), for the words "replace by another 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;
(b) in sub-section (3),—
(i) in clause (a), for the words "permit relates", th" words and figures "permit relates carry valid certificates of fLtness issued under section 38 and" shall be substituted;
(ii) in clause (c), the words "maximum or minimum" £,hall be omitted;
(Hi) in clause (d), for the word and figures "section 72", the words and figures "section 5 or section 72" shall be sub- stituted.
27. In section 60 of the principal Act,—
(a) after sub-section (1A), the following sub-section shall
Amend-
ment of
section SO.
be inserted, namely: •—
" (IB) The transport authority may exercise the powem conferred on it under sub-sections (1) and (1A) in relation
900 G 01 I—4
1422 THE GAZETTE OF INDIA EXTRAORDINARY [PART tl
to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 44 as if the said permit was a permit granted by the transport authority.";
(b) after sub-section (2), the following sub-section shall be tawrted, namely: —
"(2A) The powers exerciseable under sub-section (1) or sub-section (1A) (other than the power to cancel a per- mit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of sec- tion 44:
Provided that—
(i) no such authority or person shall pass an ordw 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 pre- ferred under section 64, be exercised also by the appellata authority.".
Amend- ment of section 62.
28. Section 62 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-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 restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1423(ii) as a result of the suspension by a court or other competent 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 of such suspension:
Provided that the number of transport vehicles in res- pect of which the temporary permit is so granted shall not exceed the number of vehicles in respect of which the issue of a permit has been restrained or as the case may be, the permit has been suspended.".
29. In section 63 of the principal Act,— ^
Amend- ment of nection "l.
(c) to sub-section (1), the following further proviso shall B 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 eight kilo- metres, the permit shall be valid in the other State In res- pect of that part of the route which Is in that other State notwithstanding that such permit has not been counter- signed by the State Transport Authority or the Regional Transport Authority of that other State.":
(b) after sub-section (1), the following sub-section shall 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 the words "arriv- ed 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 und"r clause (c) of sub-section (2) of section 63A";
I4M THE GAZETTE OF INDIA EXTRAOBDINARY [PART II(d) after sub-section (3), the following nub-sections shall bt 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 of 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 •uch 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 •hall, in so far as it relates to the grant of counter-signature of permits, be published in the Official Gazette by each of the State concerned and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it.";
(") 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 purpose 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
Sac. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1425State, 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 two thousand per motor vehicle, as the Central Government may with reference to each class of vehicle, by notification in the Official Gazette, specify, and such security shall he refunded wholl-y or in part to the applicant If his application for permit has not been granted, or, as the case may be, granted for a leaser number of vehicles than what was applied for.
(9) Any amount deposited by way of security under Hub-section (8) may, at any time, be forfeited in whole or in part by the State Transport Authoritv if it is satisfied after making such inquiry as it thinks fit that—
(a) the permit Twas obtained hy 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 stirh forfeiture shall be made unless the State Transport Authoritv has siven the permit-holder a 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, re- quirement regarding the seatlnp capacity, standards of comforts, amenities and other matters, as the Central Government may specify in "this behalf:
(ii) every suefi motor vehicle ^hail be driven hv a person having such qualifications and satisfvinp such conditions as mat ' \e specified by the. Central Govern- ment: and
1426 THE GA2ETTE OF INDIA EXTRAORDINARY [PART II(iii) such other conditions ae may be prtocribod by the Central Government".
30. In section 63A of the principal Act, after sub-saction (2), the
following sub-section shall )v inserted, namely: —
Amend- ment of section S3 A.
"(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 new section 85BB.
Appeal against decision, direction or order under section. 63A.
"63BB. (2) Any person or authority (including Govern- ment) aggrieved by the decision, direction or order of the Com- mission under clause (b) or clause (c) or clause (d) or clause (e) of sub-section (2) of section 63A may, within sixty 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 b'elng 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 sixty days if it "s 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 of section 03C.
"(h) the authority to which, the manner in which and thi fees on payment of which, an appeal against any decision, direction or order of the Commission may be preferred;".
••C. 2] THE GAZETTE OF INDIA EXTRAORDINARY i4 2y33. Section 64 of the principal Act shall be re-numbered as sub-A section (1) thereof, and—
Amend- ment of a section 64. s< (a) in sub-section (2) as so re-numbered,—
(i) after clause (h), the following clause shall be in- serted, namely: —
44 (hh) aggrieved by an order of forfeiture passed under sub-section (4) of section 45 or under sub-uection (9) of section 63, or";
(ii) 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 anginal authority an opportunity of being heard, give a decision thereon which shall be final" shall be substituted;
(b) after suD-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, 1968, 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 (i) to the State Transport Appellate Tri- bunal against such order but not against the direction so issued.".
14 28 TtlE GAZETTE OF LwiHA EXTRAORDINARY [PART It34. In section 64A oi the principal Act,—
Amend- ment of section 64A.
(a) for the words "State Transport Authority", wherever they occur, the words "Stat" Transport Appellate Tribunal1' shall be substituted;
("fa) for the words "Regional Transport Authority", wherever they occur, the words "State Transport Authority or Regional T^insport 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. In section 65 of the principal Act, in sub-section (1),—
Amend- ment of section 65.
(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.
38. 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 canvasser 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 b© prescribed by the State Govern- ment.
(2) The conditions referred to in sub-section (7) may include all or any of the following matters, namely:—
(o) 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—
(i) 01 a sum not exceeding rupees five thousand in the case of an agent in the business of collecting, forward- ing or distributing goads carried by public carriers,
SEC. 2] TH"? GAZETTE OF INDIA EXTRAORDINARY I 4 29(ii) of a sum not exceeding rupees five hundred in the case of any other agent or canvasser,
and the circumstances under which the security may be for- feited;
(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) ,—
(a) after clause (a), the following clause shall be inserted,
Amend- ment of section 08, 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. Tn section 68A of the principal Act, in clause (b),—
(a) sub-clause (iii) 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 section S8D.
"(1) On the publication of any scheme in the Official Gazette and in not less than one newspaper circulating in the area or route which Is proposed to be covered by such scheme,—
HUtf U- ol 1—3.
i43° THE GAZETTE OF INDIA EXTRAORDINARY [PART II(i) any person already providing transport facilities by any means along or near the area or route proposed to be covered by the scheme;
(ii) any association representing persons interested in the provisions 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 its publication in the Official Gazette, file objections to it before the State Govern- ment.".
40. Section 68E of the principal Act shall be re-numbered as sub-section (1) thereof, and—
Amand- m"nt of lection •8E.
(i) in sub-section (1) as so ro-numbered, for the words "proposed to be modified as if the modification proposed were a separate scheme", the following shall be substituted, namo-
i 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;
(ft) 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";
(H) after sub-section (I) as so re-numbered, the follow- ing sub-section shall be inserted, namely: —
"(2) Notwithstanding anything contained in sub-sec- tton (1), the State Government may, at any time, if it con- siders neqessary in the public interest so to do, modify any
4i!c. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1431scheme 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 proposed modification,
an opportunity of being heard in respect of the proposed modification,".
41. In section G8F of the principal Act,—
(a) in sub-section (2),—
Amend- ment of section ' 68F.
(i) for the words and figures "in the manner specified 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 in any other case" shall be substituted;
(0) after sub-section (J), the following sub-sections shall be inserted, namely: —
" (1A) Where any scheme has been published by a State Transport Undertaking under section 68C, that Undertaking may apply for a temporary permit, in respect of any area or route or portion thereof specified in the said scheme, for the period intervening between the date of publication of the scheme and the date of publication of the approved or modi- fied scheme, and where such application is made, the State Transport Authority or the Regional Transport Authority, as the case may be, shall issue the temporary permit prayed for by the State Transport Undertaking.
(IB) A temporary permit issued in pursuance of the provisions of sub-section (1A) shall be effective,—
(i) if the scheme is published under sub-section (3) of section 68D, until the grant of the permit to the State Transport Undertaking under sub-section (I), or
1432 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(ii) if the scheme is not published under sub-section
(3) of section 68D, until the expiration of the one week
from the date on which the order under sub-section (2)
of section 68D is made.
(1C) If no application for a temporary permit is made under sub-section (1A), the State Transport Authority or the Regional Transport Authority, as the case may be, may grant, subject to such conditions as it may think fit, tem- porary permit to any person in respect of the area or route or portion thereof specified in the scheme and the permit so granted shall cease to be effective on the issue of a permit to the State Transport Undertaking in respect of that area or route or portion thereof.
(ID) Save as otherwise provided in sub-section (1A) or sub-section (1C), no permit shall be granted or renewed during the period intervening between the date of publica- tion, under section 68C of any scheme and the date of publi- cation of the approved or modified scheme, in favour of any person for any class of road transport service in relation to an area or route or portion thereof covered by such scheme.";
(c) in sub-section (2),—
(0 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 pending" shall be substituted;
(d) 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: —
Insertion of new section H8FF.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY IAH"68FF. Where a scheme has been published under sub-sec tion (3) of section 68D in respect of any notified area or notinei route, the State Transport Authority or the Regional Transpor Authority, as the case may be, shall not grant any permit excep in accordance with the provisions of the scheme:
Restric- tion on grant of permits in res- pect of a notifi- ed area or notifl e-d route.
Provided that where no application for a permit has beer made by the State Transport Undertaking in respect of any not! fled 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 anj person in respect of such notified area or notified route subjed 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 68G.
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 68HH.
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: —
"(ce) the manner in which application under sub-section
Amend- ment of section 681
(1) 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
rollowing section shall be inserted, namely:—
[
i
Insertion of new section 68J.
"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 J Central Government and one or more State Governments, be (I
Certain powers of State Govern- ment exercise-
U34 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIexerciseable only by the Central Government in relation to an inter-State route or area.".
47. After section 69 of the principal Act, the following section
shall be inserted, namely: —
wble by the Central Govern- ment. 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 section 7£
(i) in sub-section (]) 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 * * * 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 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 *** 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,
Amend- ment of section 89.
SEC. 2] THE G/.ZETTE OF INDIA EXTRAORDINARY 1,^3551. In section 92 of the principal Act, in sub-section (1A), the words "contiguous to it" shall be omitted.
Amend- ment of section 92.
52. In section 93 of the principal Act,—
(i) after clause (b), the following clause shall be inserted,
Amend- ment of section 93.
namely: —
'(bb) "property" includes roads, bridges, culverts, causeways, trees, posts and mile-stones;';
(it) after clause (c), the following clause Khali be inserted, namely: —
'(d) "third party" includes the Government.'.
53. In section 94 of the principal Act, in sub-section (3), for the Explanation, the following Explanation shall be substituted, namely: —
Amend- ment of section 94.
"Explanation.—For the purposes of this sub-sectfon, 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;
(in) 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 (I),—
Amend- ment of section 95.
(i) for clause (b), the following clause shyl] be sub- stituted, namely:—
"(b) insures the person or classes of persons speci- fied in the policy to the extent specified in sub-section ( 2 )-
(z) 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;
l 4 36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(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;3';
(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 time 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 pas- sengers 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) n limit of fifty thousand rupees in nil 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 carr\ more than thirty but not more than sixty passengers;
SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 1437(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 a third party.".
35. After section &5A 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 Insurer*.
"95AA. (1) In addition to the deposits required to be made under section 7 of the Insurance Act, 1938, every insurer who ia competent to issue a policy of insurance in accordance with thia 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 (1) 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 remedial open to him to recover his dues from the Insurer, or
(ii) that the award has been made after the insurer hai gone Into liquidation,
it may direct the payment of such compensation from out of the sum deposited under sub-section (I):
Provided that in the case of the insolvency of the insurer—
(a) such payment shall not be made until all claims under thii Act against the insurer have been settled; and
143^ THE GAZETTE OB" INDIA EXTRAORDINARY [PART II(b) payment so made shall be proportionate to tne 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 1IMA.
Transfer of certifi- cate of insurance,
"103A. (I) 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 fifteen days of the re- receipt 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 (1) may refuse to transfer to the other peruon 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
(ii) 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 such other person for the issue of a policy of insurance in respect of any motor vehicle owned or possessed by him.". (3) Where the insurer has refused to transfer, in favour of the person to whom the motor vehicle has been transferred, the certificate of insurance and the policy described in that certifi- cate, he shall refund to such transferee th? amount, if any, which, under the terms of the policy, he would have had to refund to the insured for the unexpired term of such policy.
SEC. 2] THE GA7ETTE OF INDIA EXTRAORDINARY 143957. In section 110 of the principal Act, in sub-section (1), for the l 'words "motor vehicles", the following words shall be substituted, r namely: —
"
Amend- ment of section s 110.
]
"motor vehicles, or damages to any property of a third party
so arising, or both:
Provided that where such claim includes a claim for com- pensation 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.".
58. In section 110A of the principal Act,—
(a) in sub-section (1),—
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;
(Hi) 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 impleadeti as respon- dents to the application.";
(b) in sub-section (3), for the words "sixty days", wher-
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: —
1 Insertion of new section 110AA.
8 of 1923.
' Option 7 regarding l claims for 1 compen- sation in
"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 rompeiisittkm under either of thaw? Acts but not u n d* both.".
I440 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIAmend- ment of lection 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), Amend- ment of section HOC
the following sub-section shall be inserted, namely: — * * * * ** (2A) Where in the course of any inquiry, the Claims Tribu-
nal is satisfied that—
(f) 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 by It 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 1m- 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 tho principal Act, the following sections
shall be inserted, namely: —
Insertion of new sections 110CC and 110CCC. Award of Interest where any claim is allow- ed.
"110CC. Where any Cdurt 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 i t' i may specify m this behalf.
110CCC, (1) Any Court or Claims Tribunal adiudicatin? unon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by It In writ- ing that—
Award of compen- latory costs In certain cases.
(i) the policy of insurance is void on the eronnfl thnt It was obtained by * * representation of fact which was false in any material particular, or
(ii) any party or insurer has nut forward a fais* or
vexatious claim o- defence,
such Court or Tribunal may make an order for the pavm^nt. T>y the party who is guiltv of * * mlp-representntfon or bv whom
Sic. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1441such claim or defence hag 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 * * *mis-represen- tation, claim or defence as is referred to in sub-section (1).
(4) Any amount awarded by way of compensation under this section in respect of any * * mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such * * mis-representation, claim or defence.".
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 110E.
64. In section H1A 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 of section 111 A.
G5. After section 113 of the principal Act, the following section
shall be inserted, namely:—
Insertion of new section 113 A.
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 of section 4, to drive the vehicle shaft be punishable with imprisonment for a term which mav extend to three months, or with fine which may extend to five hundred rupees, or with both.".
6fl. In section 115 of the principal Act,—
(i) in sub-section (1), for the words "one hundred rupee-/'
Amend- ment of section llfl.
the following wordq shall b" substituted, namely: —
"two hundred runees, or. if having been previrmslv convic ted of an nffencp under this ,sub-s"?ction is p.train convicts 1442 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(ii) in sub-section (2), (or the words "two hundred rupees",
the following words 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".
67. In section 123 of the principal Act, in sub-section (1),—
(i) after the words "for which the vehicle may be used", the words "or to the maximum number ofpassengers and maxi- mum weight of luggage that may be carried on the vehicle" shall be inserted;
(ii) for the words "subsequent offence if Committed within
three years of the commission of a previous similar offence", the
words "any second or subsequent offence" shall be substituted;
(Hi) in the proviso, after the words "any such", the words
"record or" shall be substituted.
88. After section 123 of the principal Act, the following section
shall be inserted, namely: —
Insertion of new section 123 A.
"123A. Whoever engages himself as an agent or canvasser In
contravention of the provisions of section 66A or any rules made
thereunder shall be punishable for the first offence with fine
which may extend to one thousand rupees and for any second or
subsequent offence * * * with imprisonment which may extend to
six months, or with fine which may extend to two thousand Punish- ment of agents and can- vassers without proper •uthorlty
rupees, or with both:
Provided that no court shal], except for reasons to be record-
ed by it in writing, impose a fine of less than five hundred
rupees for any such second or 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 tmder section 74 shall be punishable", the words and ficrures "section 72 or of the conditions prescribed under that section, or in contravention of anv prohibition or restriction imposed under section 72 or section 74, shall be punishable" shall be substituted.
* m * * *
70. To section 129A of trie principal Act, the following proviso
sVnll b"> added, namely: —
"Provirtftd that where anv puch officer nr person riss reason Amend- ment of eectlon V29A.
to kjelipve that a motor vWiiclfe hns been or fc bf>mp vfsod wftri-
Sic. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1443
out the permit required by sub-section (i) oi section 4Z, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.". ^ ——
71. In section 130 of the principal Act, for sub-section (1), the
following sub-section shall be substituted, namely: —
Amend- ment oi section 110.
"(1) The court taking cognizance of an offence under this Act,—
(i) 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.'
72. 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
(b) the licensing authority by whom the licence was last renewed,
and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punish- ment awarded for the same and such other particulars as may be prescribed.".
1444 T HE GAZETTE OF INDIA EXTRAORDINARY [PAMT 1173, In Chapter X of the principal Act, before section 133, the following section shall bit inserted, namely: —
Insertion of new section 132A.
Power to levy foe.
"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, t provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, per- mits, testB, 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 neces- sary:
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.'1.
74. In section 133A of the principal Act, after sub-section (3),
the following sub-sections shall be inserted, namely: —
"(4) In addition to the powers that may be conferred Amend- ment of section 133A.
on any officer of the Motor Vehicles Department under sub-sec- tion (3), such officer as may be empowered by the State Gov- ernment 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 he 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;
SBC. 2] THE GA2ETTF OF INDIA EXTRAORDINARY i4 45(Hi) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds lor not obtaining a warrant and report to his immediate superior that t,uch search has been made;
(c) examine any person and require the production of any register or other document maintained in pursuance "f 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;
1 or Like copies of any registers or documents 01 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) 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 tendinp to incriminate himself.
$ of 1898.
(5) The provisions of the Code of Criminal Procedure, 1898 shall, 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."
75. In section 134 of the principal Act. after sub-section (1), the
*446 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(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 confisca- tion made, or any penalty or fine imposed, or any forfeiture:, cancellation or discharge of any bond ordered, or any other thing do/jr or any other action taken under the repealed enactment, shall, so far as it is not inconsistent with the provisions of this Act, be deomed to have been done or tnken 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 trrs 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 'ii such penalty under the repealed enactment.
10 of 1897.
CO 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 the effect of repeals.".
77. In the First Schedule to the principal Act.—
(a) in Form A, in Part III,—
<*JXK>Ed- mem of fin*. Schedule,
(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 of 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 aide, with one
eye)";
(ii) in paragraph (f), 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 a*S)" srfall b" I n s e r t s;
SEC 21 '1HK GAZETTE OF 1NJJJA EXTRAORDINARY JAA~t(b) in Form AA, for the words "I hereby", the following , hereby" shall words I, Shri[Slirimati|Kumari be substituted;
(c) ia Form B,—
(i) below the heading "h'onn of application for the renewal of drnnag licence", the figures "I" shall be inserted;
(n) lor the words "1 hereby apply", the words "I, Slni|Shnmati|Kumari. .. , hereby apply" shall be substituted;
(iii) lor the words begaining with "I hereby declare" and ending with "dangei to chj public", the following figures, words, brackets and letters shall be substituted, namely: —
•II
Declaration as to \>hya.cal jdness of the applicant
(The applicant L; requ.r-il t > answer "yes" or "no" in the spac" provided opposite each question.)
(a) Do you suffer from epilepsy, or from sudden
attacks of disability, giddiness or fainting?
(6) Are you able to distinguish with each eye (or if you have hold a licence to drive a motor vehicle lor a period of not le,s 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 l'ght motor vehicle, other than a transport vehicle, fitted with an outside mirror on the steering wheel wide, with one eye), at a distance of 25 metres in good day light (with glasses, if worn), a motor car number plate con- taining seven letters and figures?
(c) 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 it you are an applicant for the renewal of a driv- ing licence in respect of light motor vehicle with or without hearing-aid) the ordinary sound signals?
I448 'r HE GAZETTE OF INDIA EXTRAORDINARY [PART H(y) Do you suffer from any other disease ov diL ability likely to cause your driving 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 ox the questions (a), (c), (e), (f) and (g) or "no" to either of the questions (b) and (d) should amplify hi& answer with full particulars and may be required to give further information relating thereto.
NOTE 2.—An applicant who answers "yes" to questions (b), (c) 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 vehicles of a specified class or classes.
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 is" shall be substituted;
(f) in Form E,—
(i) in item 1, for the words "or husband", the words dnd brackets "and husband (in the case of a married woman)" shall be substituted;
(h) after item 7, the following item shall be inserted, namely:—
"7A. Cubic capacity ";
(in) after item 10, the following item shall be inserted,
namely: —
"19A. Fuel used in the engine ";
SEC. /J THE GAZETTE OF INDIA EXTRAORDINARY 1 4^(iv) for item 15, the following item shall be substituted, namely:—
"15. Maximum laden weight—
(a) as certified by the manufacturer... .Kgms.
(b) to be registered Kgms.";
(v) the Explanation shall be omitted;
(vi) for the Note, the following Note shall be substi- tuted, namely: —
"NOTE.—The motor vehicle above described is—
(i) subject to a hire-purchase agreement with ;
(if) subject to a hypothecation in favour of ;
(in) 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 agreement or hypothecation, obtain the signature of the hire-pur- chase company or the mortgagee, as the case may be.)";
(vii) for the words "Signature of the Hire Purchaxt Company.", the following expression shall be substituted: —
'Hire-purchase Company.
Signature of Mortgagee";
(g) 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 ";
(in) attcr item 8, the following item shall be inserted, namely:—
"8A. Cubic capacity ";
(iv) for item 12, the following item shall be sub
namely: —
"12. Maximum laden weight—
(a) as certified by the manufacturer. . . Kgms.
(b) as registered Kgms.";
i450 THE GAZETTE OF INDIA EXTRAORDINARY [PART 1\(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 w i t h . . . .;
(ii) subject to a hypothecation in favour of..--..;".
78. 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 perio'd 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, 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.
79. For the Third Schedule to the principal Act, the following
Schedule shall be substituted, namely: —
Substitu- tion of Third ilchedule.
"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;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY I 4 5i(5) turn right and left corners correctly;
(6) stop the vehicle in an emergency and normally and in the latter case bring it to rest at an appropriate course of the road;
(7) drive the vehicle backwards and whilst so doing enter a limited opening to the right and left;
(8) cause the vehicle to face in the opposite direction by means of 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 sig- nals at appropriate times to indicate his intended actions;
(10) act correctly and promptly on all signals given by traffic signs, automata traffic lights, 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 incline making proper use of the handbrake or of the throttle and the footbrake without any rolling back.
NOTE, (i)~ Requirements (7) anti (8) are not applicable in the case of a motor cycle or a tri-cycle not equipped with means for reversing;
(ii) Requirements (7), ($) ana (U) are not applicable in the case of invalid carriages.
PART U
The candidate shall satisfy the person conducting the test that he is—
(1) cognizant of the provisions of sections 81, 82, R3, 84 and 85 and of the Tenth Schedule;
1452 T HE GAZETTE OF INDIA EXTRAORDINARY [PART II(2) conversant with the general traffic rules and regula- tions relating to the use oi; 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 sard 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 side, 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.)'.
80. For the Sixth Schedule to the principal Act, the following Schedule shall be substituted, namely: —
Substitu-
tion oi
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 follow- ed by any other letter shall be used as the registration mark for a vehicle in thp 8(;ite specified in the first column.
T
2
A n d h ra P r a d e sh . . . . . ..
A s s am . . . . . .. Bihar Gujarat . . . Haryana . • • •
AP, AA AS BR,BH GJ, GT HR,HY
3 E C. 2] 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 T 4 53I
J a m mu a nd K a s h m ir . . . . ..
K e r a la . . . . . . ..
KL
M a d h ya P r a d e sh . . . ..
M P, C.;i'
M D, MS
M a d r as . ..
.
M a h a r a s h t ra . . . . ..
M R. MM
M y s o re . . . . . . ..
M Y, M l'
N a g a l a nd . . . . . . ..
Nl.
O r i s sa . . . . . . ..
O R, O>
P u n j ab . . . ..
P N, P L"
R a j a s t h an . . .. , .
U t t ar P r a d e sh . . . . . ..
R J, KS 7 up, us, u-r
WH, \VG, WM
W e st B e n g al
C h a n d i g a r h . . . . . . ..
C:G,CH
1)1,, Dil
D e l hi . ..
.
til)
G o a, D a m an a nd D iu . . . . ..
H i m a c h al P r a d e sh . . . . ..
HI, HI'
M a n i p ur . . . . . ..
MK
P o n d i c h e r ry . . . . . ..
PY, PI)
T r i p u ra . . . . . . ..
TK
AN
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 e, M i n i c oy a nd A m i n d i vi I s l a n ds
LC. VIA.
NOTE 1.—These letters shall be followed by not more than four
figures, and the letters and figures shall be shown—
1. In the case of transport vehicles. In black on a white ground.
2. In the case of temporary regis- In red on a yellow ground.
trations (section 25).
3. In the case of registration In white on a red ground, marks allotted to dealers [section 41(2) (fc)].
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 UHed In respect of vehicles which were registered before the 1st October, 1961.".
1454 T HE GAZETTE OF INDIA EXTRAORDINARY [PAHT II81. For the Eighth Schedule to the principal Act, the following
Schedule shall be substituted, namely: —
Substitu- tion of Eighth Schedule,
"THE EIGHTH SCHEDULE
(See section 71)
LIMITS OF SPEED FOR MOTOR VKHICUW
Class of vehicle
Maximum speed per hour in Kilometres
(i) If all the wheels of the vehicle are with
pneumatic tyres and the vehicle is not draw- ing a trailer :—
(a) if the vehicle is a light motor vehicle or a motorcycle . . . .. No limit,
(b) if the vehicle is a medium or heavy passenger motor vehicle . . . ..
6o
(c) if the vehicle is a medium or heavy goods motor vehicle . . . ..
6o
(2) If the vehicle is an articulated vehicle (all the
wheels of which arc fitted with pneumatic tyres) which is a heavy motor vehicle
5°
: 3) 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 arefittedwith pneumatic tyres :—
(a) ifthe vehicle is a light motor vehicle and the
trailer being two-wheeled has a laden weight not exceeding 8oo kgms.
6o
(b) if the vehicleis alight motor vehicle and the trailer has more than two wheels or a laden weight exceeding 8oo kgms. .
5°
(c) ifthe vehicle is a medium motor vehicle .
50
40
(d) Ifthe vehicle is a heavy motor vehicle'
(<•) if the vehicle is a heavy motor vehicle used by rhe fire brigade . . ..
(4) Any case not covered by entry (j),orentry (j)
S ic 2] THE GAZETTE OF INDIA EXTRAORDINARY i4<82. After the Eleventh Schedule to the principal Act, the follow-
ing Schedule shall be inserted, namely: —
Insertion of new Schedule.
"THE TWELFTH SCHEDULE
(See section 135)
REPEAL OF CERTAIN ENACTMENTS
Extent of repeal
Short title
Serial No.
]
2
3
i. Motor Vehicles (Andhra Pradesh) (Andhra Area) Amendment Act, 1948 (20 of 1948) . The whole except
sections 1 and 12.
2. Motor Vehicles (Andhra Pradesh) (Telangana
The whole.
Area) Amendment Act, 1956 (45 of 1956)' .
Assam Stare Road Transport Act, 1954 (35 of
3-
The whole.
1954)
4- Assam State Road Transport (Amendment) Act, 1955 (18 of 1955) . . .. The whole.
Motor Vehicles (Bihar Amendment) Act, 1949
5-
(27 of 1950)"
The whole except sections 1 and 3.
6. Motor Vehicles (Bihar Amendment) Act,
The whole.
1953(1 of 1954)
7. Motor Vehicles (Madras Amendment) A c. 1948 as applicable to Kerala (20 of 1948) The whole except sections 1 and3.
Motor Vehicles (Madras Amendment) Act,
8.
1949 as applicable to Kerala (44 of 1949)" The whole.
Motor Vehicles (Madras Amendment) Act,
y-
The whole,
1 0.
1954 as applicable to Kerala (39 of 1954) Motor Vehicles (Madras Amendment) Act,
1948 (20 of 1948)
The u hole except sec-
tions 1, 3 and 5.
1 [. Motor Veh:cles (Madras Amendment) Act. 1949 (44 of 1949)
The whole.
1 2. Motor Vehicles (Madras Amendment) Act.
The whole except sec- r954(39 of 1954")
tions 1 and 2.
13. Central Provinces and Berar Motor Vehicles (Amendment) Act, 1947 as applicable to Madhya Pradesh (3 of 1948)
The whole.
Motor Vehicles (Bombay Amendment) A-, ts
14-
The whole.
1947 (7 of 1947) • •
1456 THE GAZETTE OF INDIA EXTRAORDINARY [PART III
2
3
15-
The whole.
Central Provinces and Berar Motor Vehicles (Amendment) Act, 1947 as applicable to Maharashtra (3 of 1947) . ..
76. Motor Vehicles (Bombay Amendment) Act,
The whole.
I954(3i of 1954)
17. Motor Vehicles (Hyderabad Amendment) Act, 1956 as applicable to Maharashtra (55 of 1956) . . . . .. The whole.
18. Motor Vehicles (Mysore Amendment) Act, 1953 (14 of 1953)
1 he whole.
19- Motor Vehicles (Mysore Amendment) Acr, I955(i66ofi9551)
The whole.
2 0. Motor Vehicles (Bombay Amendment) Act, 1947 as applicable to Mysore (7 of 1947)
I"he whole.
2 1.
The whole.
Motor Vehicles (Bombay Amendment) Act, I954as applicable to Mysore (31 of 1954) .
2 2. Motor Vehicles (Hyderabad Amendivcnt) Act, 1956 as applicable to Mysore (45 of 1956). The whole.
Motor Vehicles (Madras Amendment) ACT,
2 3.
1948 as applicable to Mysore (20 of 1948) The whole.
Motor Vehicles (Madras Amendment) Act,
•4-
1949 as applicable to Mysore (45 of 1949) The whole.
25. Orissa Motor Vehicles (Amendment) Act, 1948 (i of 1949) . .
The whole,
26, Orissa Motor Vehicles (Regulation of State Carriage and Public Carrier's Services) Act, 1947 (36 of 1947)
The whole.
27. Orisaa Motor Vehicles (Regulation of State Carriage and Public Carrier's Services) Amendment Act, 1951 (41 of 1951) .
The whole.
2 8. Motor Vehicles (East Punjab Amendment) Act, 1948 (28 of 1948) . . .. The whole except sec- tions i ,3, 4 and ro.
29 Motor Vehicles (United Provinces Amend- ment) Act, 1948 (11 of 1948)
The whole.
3°- Motor Vehicles (Uttar Pradesh Amendment) Act, I9";3(28of 1953) . . .. The whole,
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINABY 1457I
3
31-
The whole except sec- Uttar Pradesh Road Transport Services (Deve- lopment) Act, 1955 (9 of 1955) •
tions 1 and 14.
32. Motor Vehicles (West Bengal Amendment) A c t, 1 9 5 1 ( 19 of 1 9 5 1) . . ..
The whole.
33.
The whole.
Motor Vehicles (Delhi Amendment) Act, 1954 (5 of 1954)
34-
The whole.
Himachal Pradesh State Road Transport Act, 1953 (5 of 1954) . . ..
B. N. BANERJEE, Secretary.
PRINTED IN INDIA BY THE OENERAL MANACKR, GOVERNMENT Or INDIA PHKSS.
MINTO ROAD, N 1W DBLBI AND PUBLISHED BT THD MAWAfflBH OF PDBLICAIIOHfl.
twun, 1900
- THE MINISTRIES SECRETARIAT ↩
- certain ↩
- ! he inserted, namely: — Amend- ment of section 134. "(1A) Notwithstanding anything contained in sub-section (1), if an application made by a person for the renewal of per- mit 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 application for revision is disposed of.". 76. After section 134 of the principal Act, the following section shall be inserted, namely: — Insertion of new section 13B. "135. (1) The enactments specified in the Twelfth Schedule are hereby repealed to the extent mentioned therein. Repeal and saving*. ↩