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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 51] NEW DELHI, WEDNESDAY, DECEMBER 27, 1978/PAUSA 6, 1900

Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New; Delhi, the 21th December, 1978/Pausa 6, 1900 (Saka)

The following Act of Parliament received the assent of the President on the 26th December, 1978, and is hereby published for general informa- tion:—

THE MOTOR VEHICLES (AMENDMENT) ACT, 1978 No. 47 OF 1978

\2Gth December, 1978]

An Act further to amend the Motor Vehicles Act, 1939.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows: —

1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 1978.

Short title and com- mence- ment.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act; and any reference to the Motor Vehicles (Amendment) Act, 1978, in any amendment made by any provision of this Act shall be construed as a reference to the com- ing into force of that provision.

2. In section 2 of the Motor Vehicles Act, 1939 (hereinafter referred 4 of 1039.

to as the principal Act),—

(0) after clause (3), the following clause shall be inserted, namely: —

Amend- ment of section 2.

' (4) "dealer" includes a person who is engaged in the manufacture of motor vehicles or in building bodies for attach- ment to chassis;';

(597)

(b) for clause (9), the following clauses shall be substituted,

namely: —

' (9) "heavy goods vehicle" means any goods vehicle the registered laden weight of which, or a tractor the unladen weight of which, exceeds 11,000 kilograms;

(9A) "heavy passenger motor vehicle" means any public ser- vice vehicle or omnibus the registered laden weight of either of which, or a motor car the unladen weight of which, exceeds 11,000 kilograms;';

(c) for clause (14), the following clauses shall be substituted,

namely: —

'(14) "medium goods vehicle" means any goods vehi- cle, other than a light motor vehicle, heavy goods vehicle or road-roller;

(14A) "medium passenger motor vehicle" means any pub- lic service vehicle, other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle;';

(d) after clause (25), the following clause shall be inserted,

namely: —

'(25A) "re-built vehicle" means a motor vehicle re-built with an engine and a chassis both of which had not been regis- tered under this Act as one vehicle;'.

3. In section 7 of the principal Act,—

(i) in sub-section (7), for clauses (a) and (b), the following

Amend- ment of section 7.

clauses shall be substituted, namely.—

" (a) a person who passes the test in driving a heavy goods vehicle shall be deemed also to have passed the test in driving any medium goods vehicle or light motor vehicle;

(b) a person who passes the test in driving a heavy passen- ger motor vehicle shall be deemed also to have passed the test in driving any medium passenger motor vehicle or light motor vehicle;

(c) a person who passes the test in driving a medium goods vehicle or a medium passenger motor vehicle shall be deemed also to have passed the test in driving any light motor vehicle.'¹';

(ii) after sub-section (7), the following sub-section shall be

Inserted, namely: —

"(7A) Notwithstanding anything contained in sub-section (7), any person, who has a valid driving licence granted before the commencement of the Motor Vehicles (Amendment) Act, 19T8, authorising him to drive a heavy motor vehicle or, as the case may be, a medium motor vehicle, shall, for the period specified in such licence, be permitted to drive—

(a) any heavy goods vehicle, heavy passenger motor vehicle, medium goods vehicle, medium passenger motor

vehicle, or light motor vehicle, where the licence Is for driv- ing any heavy motor vehicle;

(fa) any medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any medium motor vehicle.".

4. In section 8 of the principal Act, in sub-section (2), for clauses (d) and (e), the following clauses shall be substituted, namely: —

Amend- ment of section 8.

" (d) medium goods vehicle,

(e) medium passenger motor vehicle, (ei) heavy goods vehicle, (eii) heavy passenger motor vehicle,".

Amend- ment of section 9.

5. In section 9 of the principal Act, in sub-section (3), in clause (a), for the words "to drive a transport vehicle", the words "to drive as a paid employee or to drive a transport vehicle" shall be substituted.

6. In section 10 of the principal Act,—

Amend- ment of section 10.

(a) after the words "issued or renewed under this Act", the words, brackets and figures "after the commencement of the Motor Vehicles (Amendment) Act, 1978" shall be inserted;

(b) for the words "three years", the word* "five years" shall be substituted;

(c) the following proviso shall be inserted at the end, namely: —

"Provided that a driving licence issued or renewed to drive as a paid employee or to drive a transport vehicle shall be effec- tive without renewal for a period of three years only.".

7. In section 16 of the principal Act, after sub-section (1), the follow- ing sub-sections shall be inserted, namely: —

Amend- ment of section 16.

"(1A) Upon the issue of an order under sub-section (1), the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority which issued the driving licence (hereafter in this section referred to as the issuing authority), or, as the case may be, to the licensing authority by which the driving licence was last renewed (hereafter in this section referred to as the renewing authority), and the issuing authority or, as the case may be, the renewing authority shall endorse the fact of disqualification in the driving licence and keep it until the period of disqualifica- tion has expired or the disqualification has been removed:

Provided that where the driving licence authorises a person to drive more than one class or description of motor vehicles and the order, made under sub-section (2), disqualifies him from driving any specified class or description of motor vehicles, the authority to which the driving licence was surrendered shall endorse the fact of disqualification in the driving licence and return the same to the holder.

(2B) Where an order of disqualification has been made under sub-section (2), the period of disqualification shall be reckoned from the date of surrender of the driving licence to the issuing authority or the renewing authority, as the case may be, under sub- section (1A), or from the date on which the relevant endorsement is made on the driving licence, whichever is earlier:

Provided that in a case where the driving licence is, on the date on which the said order is made, in the possession of the issuing authority or the renewing authority or a police officer, the disquali- fication shall take effect from the date of the said order.".

8). In section 21 of the principal Act, in sub-section (2), aftar clause

(

Amend- ment of aoction 21.

"(aaa) the minimum educational qualifications of persons to whom licences to drive transport vehicles are issued after the com- mencement of the Motor Vehicles (Amendment) Act, 1978 and the time within which such qualifications are to be acquired by such persons;".

9. In section 24 of the principal Act,—

Ahiend- ment of section

(a) in sub-section (3),—

24.

(i) for the words "one of the groups of letters allotted to the State by the Sixth Schedule", the words "one of the groups of such of those letters as are allotted to the State by the Central Government from time to time by notification in the Official Gazette," shall be substituted;

(ii) the following proviso shall be inserted, namely: —

"Provided that the letters and figures aforesaid shall be

shown—

(a) in the case of transport vehicles, in black on a

white ground;

(b) in the case of motor vehicles temporarily regis-

tered, in red on a yellow ground;

(c) in the case of motor vehicles in the possession

of dealers, in white on a red ground;

(d) in other cases, in white on a black ground.";

(b) after sub-section (3), as so amended, the following sub-

sections shall be inserted, namely: —

" (4) A certificate of registration issued under sub-section (2), whether before or after the commencement of the Motor Vehicles (Amendment) Act, 197S, in respect of a motor vehicle, ether than a transport vehicle, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate and shall be renewable.

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

(6) Where in the case of a certificate of registration issued under this Act before the commencement of the Motor Vehicles (Amendment) Act, 19T8, in respect of a motor vehicle, other than a transport vehicle, the period of fifteen years referred to in sub-section (4) has expired at such commencement, the holder of such certificate shall apply for the renewal of the said certificate in Form F as set forth in the First Schedule to the registering authority within six months from such commencement or within such extended period not exceeding

six months as the authority may, on sufficient cause being shown, allow, and such application shall contain the Information required by that Form and shall be accompanied by the prescribed fee.

(7) The registering authority may, on receipt of an appli- cation under sub-section (5) or sub-section (6), renew the certi- ficate of registration for the prescribed period.".

10. In section 26 of the principal Act, in sub-section (1), for the words Amend- ment of section 28.

"before pioceeding to register a motor vehicle require the person applying for registration of the vehicle", tho words "before proceeding to register a motor vehicle or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle or, as the case may be, for renewing the certificate of registration" shall be substituted.

11. For section 27 of the principal Act, the following section shall be substituted, namely: —

Substitu- tion of new gec- tion for section 27.

Refusal of regis- tration or renewal of the certificate of regis- tration.

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

12. In section 29 of the principal Act,—

(a) to sub-section (1), the following proviso shall be added, namely: —

Amend- ment of section 29 "Piovided that an application under this sub-section shall be accompanied—

(i) by a no objection certificate obtained under section 29A, or

(ii) in a case where no such certificate has been obtained, by—

(a) a receipt obtained under sub-section (2) of section 29A; or

(b) a postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 29A,

together with a declaration that he has not received any com- munication from such authority refusing to grant such certi- ficate or requiring him to comply with any direction subject to which such certificate may be granted.";

(b) in sub-section (2), for the words "in accordance with the Sixth Schedule", the words, brackets and figures "as specified in sub-section (3) of section 24" shall be substituted;

(c) after sub-section (2) as so amended, the following sub-sec- tion shall be inserted, namely: —

"(2A) Where a motor vehicle is held under a hire-purchase agreement or is subject to hypothecation, the registering autho- rity shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom, the registered owner has entered into the hire-purchase agreement or, as the case may be, the person in whose favour the vehicle is subject to hypothecation (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration) the fact of assignment of the said registration mark.".

13. After section 29 of the principal Act, the following section shall be inserted, namely: —

Insertion of new sec- tion 29A. No objec- tion certi- ficate.

"29A. (1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of sec- tion 29 to the registering authority within whose jurisdiction the vehicle is, or the transferor of any motor vehicle when report- ing the transfer under sub-section (1) of section 31 to the register- ing authority within whose jurisdiction the transfer is to be effected, shall make an application in such form and in such manner as may be prescribed to the registering authority by which the vehicle was previously registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for entering a new regis- tration mark in the certificate of registration or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration.

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

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

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

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

(5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor

vehicle concerned has been reported or is pending, verify whether all the amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other factors as the Central Government may by rules prescribe.".

14. In section 30 of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely: —

Amend- ment of section 30.

" (1A) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period spe- cified in sub-section (1), the registering authority may, having re- gard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 112, such amount not exceeding one hundred rupees as may be prescribed under sub-section (1C):

Provided that action under section 112 shall be initiated against the owner where he fails to pay the said amount.

(IB) Where a person has paid the amount under sub-section

(1A), no action shall be taken against him under section 112.

(1C) For the purposes of sub-section (1A), a State Government may prescribe different amounts having regard to the period of delay in intimating the change in the place of residence, or place of business, or both, as recorded in the certificate of registration.".

15. In section 31 of the principal Act,—

(o) in sub-section (1), for clause (a), the following clause

Amend- ment of section 31.

shall be substituted, namely:—•

"(a) the transferor shall—

(i) within fourteen days of the transfer, report the fact of transfer to the registering authority within whose jurisdic- tion the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee;

(ii). within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (£)—

(A) a no objection certificate obtained under section 29A; or

(B) in a case where no such certificate has been obtained,—

(I) a receipt obtained under sub-section (2)

of section 29A; or

(II) a postal acknowledgement received by the transferor jf he has sent an application in this be- half by registered post acknowledgement due to the registering authority referred to in section 29A,

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

(b) after sub-section (1), the following sub-sections shall be Inserted, namely: —

",(1A) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (ai) or clause (b) of sub-section (1), the

registering authority may, having regaid to the circumstances of the case, require the transferor or, as the case may be, the transferee, to pay, in lieu of any action that may be taken against the transferor or the transferee under section 112, such amount not exceeding one hundred rupees as may be prescribed under sub-section (1C);

Provided that action under section 112 shall be initiated against the transferor or the transferee, where the transferor or, as the case may be, the transferee fails to pay the said amount.

(IB) Where a person has paid the amount under sub- section (1A), no action shall be taken against him under section 112.

(1C) For the purposes of sub-section (1A), a State Govern- ment may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle.".

16. In section 31A of the principal Act,—

Amend- ment of section 31A.

(a) in sub-section (5), for the words "and issue a duplicate thereof to the person aforesaid", the following shall be substituted, namely: —

"and issue a fresh certificate of registration to the person with whom the registered owner has entered into the hire- purchase agreement:

Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless the person pays the prescribed fee:

Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certi- ficate cancelled under this sub-section would have been in force"; (b) after sub-section (5), the following sub-sections shall be inserted, namely—

'{5A) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit, make an app^cation to the person with whom the registered owner has entered into a hire-purchase agreement (such person being here- after in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).

Explanation.—Tn this section, "appropriate authority", in relation to any permit, means the authority which is authorised by this Act to renew such permit.

(5B) Within seven days of the receipt of an application under sub-section (5A), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for, and where the financier fails to issue the certificate and also fails to communi- cate the reasons for refusal to issue the certificate to the appli- cant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier.

(5C) The registered owner shall, while applying to the appropriate authority for the renewal of any permit, submit with such application the certificate, if any, obtained under sub-section (5B) or, where no such certificate has been obtained, the com- munication received from the financier under that sub-section, or, as the case may be, a declaration that he has not received any communication from the financier within the period specified in that sub-section.

(5D) On receipt of an application for the renewal of any permit under this section, the appropriate authority may subject to the other provisions of this Act—

(i) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportu^ nity of being heard, either renew, or refuse to renew, the permit;

(ii) in any other case, renew the permit.';

(c) in sub-section (6), for the brackets and figure " (5)", the

brackets, figure and letter " (5D)" shall be substituted.

17. In section 34 of the principal Act,—

(a) after sub-section (4), the following sub-section shall be

Amend-

ment of

section 34.

inserted, namely: —

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

(fa) after sub-section (7), the following sub-section shall be

inserted, namely: —

' (8) In this section, "certificate of registration" includes a certificate of registration renewed under the provisions of this Act.¹.

Amend- ment of section 35.

18. In section 35 of the principal Act, in sub-section (1), for the words "to register a motor vehicle", the words, brackets, figures and letter "to register a motor vehicle or to renew the certificate of registra- tion in respect of a motor vehicle (other than a transport vehicle) or under section 29A to issue a no objection certificate" shall be substituted.

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

(i) after clause (b), the following clause shall be inserted,

Amend,

ment of

section 41.

namely: —

" (ba) the period within which an application for renewal of a certificate of registration in respect of a motor vehicle, other than a transport vehicle, may be made and the period for which, such certificate may be renewed;";

(ii) in clause (c), for the words "the issue", the words "the issue

or renewal" shall be substituted;

(Hi) after clause (d), the following clause shall be inserted, namely: —

" (da) the form in which and the manner in which an appli- cation for no objection certificate may be made under sub- section (i) of section 29A and the form of receipt to be issued under sub-section (2) thereof;";

(iv) in clause (J), for the words "the issue", the words "the issue or renewal" shall be substituted;

(u) after clause (h)t the following clause shall be inserted, namely: —

"(i) the amount or amounts under sub-section (1C) of section 30 or sub-section (2C) of section 31;";

(vi) after clause (I), the following clause shall be inserted, namely: —

"{la) the conditions governing the registration of re-built vehicles;".

Amend- ment of section 44.

20. In section 44 of the principal Act, in sub-section (2), for the words "judicial experience", wherever they occur, the words "judicial experience or experience as an appellate or a revisional authority undei any law relating to land revenue" shall be substituted.

21. In section 47 of the principal Act,—

Amend- ment of section 47.

(a) in sub-section (1), in the proviso, after the words "in force for the time being", the words "and an application for a stage carriage permit from a person who has a valid licence for driving transport vehicles" shall be inserted;

(b) after sub-section (1), as so amended, the following sub-sec- tions shall be inserted, namely: —

' (1A) The Government of a State shall reserve in that State certain percentage of stage carriage permits for the Scheduled Castes and the Scheduled Tribes.

Explanation.—In this section and in sections 55 and 63, "Scheduled Castes" and "Scheduled Tribes" have the meanings respectively assigned to them in article 366 of the Constitution.

(IB) The reservation of permits under sub-section (IA) shall be in the same ratio as in the case of appointments made by direct recruitment to public services in the State.

(1C) The Government of a State may, having regard to the extent to which persons belonging to economically weaker sections of the community have been granted stage carriage permits in that State,—

(a) reserve in that State such percentage oi stage carri- age permits, as may be prescribed, for persons belonging to economically weaker sections of the community; or

(b) notwithstanding anything contained in the proviso to sub-section (1), give preference, in such manner as may be prescribed, to applications for stage carriage permits from such persons.

Explanation I.—In this section and in sections 55, 63 and 68, .?, person shall be deemed to belong to economically weaker sec-

tion of the community, if and only if, on the prescribed date,—

(a) the annual income of such person together with the

annual income, if any, of the members of his family; or

(b) the extent of land (whether in one class or in diffe- rent classes) held by such person together with that, if any, held by the members of his family; or

(c) the annual income and the extent of land aforesaid,

does, or do, not exceed such limit as may be prescribed.

Explanation 11.—For the purposes of Explanation 1, "family", in relation to an individual, means the wife or husband, as the case may be, of such individual and the minor children of such individual.

(ID) The number of permits reserved under sub-section (IB) and clause (a) of sub-section (1C) shall not exceed fifty per cent, of the total number of stage carriage permits granted during a calendar year.

(IE) In giving effect to the provisions of sub-section (IB) and clause (a) of sub-section (1C), the Regional Transport Authority or the State Transport Authority may, if it considers necessary or expedient so to do, group the various routes within its jurisdiction.

9 of 1932.

(IF) Where any stage carriage permit is to be granted from the quota reserved under sub-section (IB) or clause (a) of sub-section (1C) to any co-operative society registered or deemed to have been registered under any enactment in force for the time being or any firm to which the provisions of the Indian Partnership Act, 1932 apply, no permit shall be granted to such society or firm unless the members ox the co-operative society or the partners of the firm belong to the Scheduled Castes, the Scheduled Tribes or economically weaker sections of the com- munity:

Provided that where the members of such co-operative society or the partners of such firm are partly from the Sche- duled Castes, partly from the Scheduled Tribes and partly from the economically weaker sections of the community, or from any two of these categories, any permit under this sub- section shall be granted to such society or firm only from the quota reserved for the category to which the largest number of members of the co-operative society, or, as the case may be, partners of the firm, belong:

Provided further that where no reservation has been made in the State for economically weaker sections of the community under clause (a) of sub-section (1C), no permit under this sub- section shall be granted to a co-operative society or firm unless the members of such society or partners of such firm belong to the Scheduled Castes or the Scheduled Tribes or partly to the Scheduled Castes and partly to the Scheduled Tribes and the permit to such society or firm shall be granted only from the quota reserved for the Scheduled Castes or the Scheduled Tribes according as to whether the larger number of the members of the co-operative society, or partners of the firm, belong to the Scheduled Castes or the Scheduled Tribes.

(1G) The circumstances under which, the manner in which, and the extent to which, reservation under sub-section (1A) and clause (a) of sub-section (1C) may be carried forward shall be such as may be prescribed.

(1H) Notwithstanding anything contained in this section, an application for a stage carriage permit from a State transport undertaking for operating in any inter-State route shall be given preference over all other applications:

Provided that the authority shall not grant a permit under this sub-section unless it is satisfied that the State transport undertaking would be able to operate in the inter-State route without detriment to its responsibility for providing efficient and adequate road transport service in any notified area or notified route as is referred to in sub-section (3) of section 68D where the undertaking operates the service.

Explanation.—For the purposes of this sub-section, "inter- State route" means any route lying contiguously in two or more States.'.

22. In section 55 of the principal Act,—

Amend-

ment of section 53.

(a) in sub-section (1), in the proviso, after the words "in force for the time being", the words "and an application for a public carrier's permit from a person who has a valid licence for driving transport vehicles" shall be inserted;

(b) after sub-section (1), the following sub-sections shall be Inserted, namely: —

"(1A) The Government of a State shall reserve in that State certain percentage of public carriers' permits for the Scheduled Castes and the Scheduled Tribes.

(IB) The Government of a State may, having regard to the extent to which persons belonging to economically weaker sections of the community have been granted public carriers' permits in that State,—

(a) reserve in that State such percentage of public carriers' permits, as may be prescribed, for persons belonging to economically weaker sections of the community; or

(b) notwithstanding anything contained in the proviso to sub-section (1), give preference, in such manner as may be prescribed, to applications for public carriers' permits from such persons.

(1C) The provisions of sub-sections (IB), (ID), (IF) and (1G) of section 47 shall apply to or in relation to the grant of public carriers' permits under this section as they apply to or in relation to the grant of stage carriage permits under that "ectlon.".

23. In section 58 of the principal Act, after sub-section (2), the follow- ing sub-section shall be inserted, namely: —

Amend- ment of section 58.

"(2A) Notwithstanding anything contained in sub-section (2), an application for the renewal of a permit may be made by a State Transport undertaking in the case of a stage carriage permit or a public carrier's permit or a contract carriage permit, not less than fifteen days before the date of* expiry of the permit.".

24. Ln section 63 of the principal Act,—

(a) in sub-section (3), after the second proviso, the following

Amend- ment of section 63.

proviso shall be inserted, namely: —

"Provided also that—

(a) where a motor vehicle covered by a permit granted m one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such authority, as the Central Govern- ment may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and

(b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersign- ed by the State Transport Authority or {he Regional Trans- port Authority of that other State.";

(b) in sub-section (7), the following proviso shall be inserted, namely: ~

"Provided that preference shall be given to applications for permits from-—

(i) the India Tourism Development Corporation; (ii) a State Tourism Development Corporation; (Hi) a State Tourist Department;

(iv) such operators of tourist cars, or such travel agents, as may be approved in this behalf by the Ministry of the Central Government dealing in tourism.";

(c) after sub-section (31), the following sub-sections shall be in- serted, namely: —

" (11A) The Government of a State shall reserve in that State certain percentage of national permits for the Scheduled Castes and the Scheduled Tribes.

(11B) The Government of a State may, having regard to the extent to which persons belonging to economically weaker sec- tions of the community have been granted national permits in that State,—

(a) reserve in that State such percentage of national permits, as may be prescribed, for persons belonging to economically weaker sections of the community; or

(b) notwithstanding anything contained in clause (b) of sub-section (12), give preference, in such manner as may be prescribed, to applications for national permits from such persons-

(11C) The provisions of sub-sections (IB), (ID), (IF) and (1G) of section 47 shall apply to or in relaition to the grant of national permits under this section as they apply to or in relation to the grant of stage carriage permits under that section.";

(d) in sub-section (12), in clause (b), for the word "or", the word "and" shall be substituted.

25. In section 64 of the principal Act, in sub-section (2), the word "whole-time" shall be omitted.

Amend- ment oj section 64.

26. In section 04A of the principal Act,—

(a) after the first proviso, the following proviso ahall be inserted,

namely: —

Amend-

ment of

section

64A.

"Provided further that the State Transport Appellate Tri- bunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was pre- vented by sufficient cause from making the application in time:";

(b) in the existing second proviso, for the word "further", the

word "also" shall be substituted.

27. In section 68 of the principal Act, in sub-section (2), after clause

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

Amend-

ment of

section 68.

" (ci) the percentage of stage carriage permits, public carriers' permits or national permits to be reserved under section 47 or section 55 or section 63 for economically weaker sections of the community;

(cii) the manner in which preference shall be given in the grant of stage carriage permits, public carriers' permits or national permits to economically weaker sections of the community where no reserva- tion is made to such applicants;

(ciii) the date and limits of annual income and the extent of land, for the purposes of Explanation I below sub-section (1C) of section 47;

(civ) the circumstances under which, the manner in which, and the extent to which, reservation may be carried forward in respect of stage carriage permits, public carriers' permits or national permits;".

28. In section 68F of the principal Act, after sub-section (ID), the fol-

lowing sub-section shaJl be inserted, namely: —

Amend-

ment of

section

68F.

"(IE) Where a State transport undertaking applies for renewal of a permit within the period specified in sub-section (2A) of section 58, the State Transport Authority or, as the case may be, the Regional Transport Authority, shall, renew such permit, notwithstanding any- thing to the contrary contained in Chapter IV.".

Amend-

ment of

section 72.

29. Tn section 72 of the principal Act, in suib-section (1), for the words "heavy motor vehicles", the words "heavy goods vehicles or heavy passen- ger motor vehicles" shall be substituted.

30. In section 75 of the principal Act, in sub-section (4), for the words "Chief Presidency Magistrate", the words "Chief Metropolitan Magis- trate" shall be substituted.

31. After section 82 of the principal Act, the following section shall be

inserted, namely: —

Amend-

ment of

section

75.

Insertion

of new

section 82A.

'82A. No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket:

ProhlbL

tion against

travelling

without

pass or

ticket.

Provided that where arrangements for the supply of tickets are made in the sitage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, he shall make the payment of his fare to the conductor or the driver who discharges the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for hja journey.

Explanation.—In this section,—

(a) "pass" means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein;

(b) "ticket" includes a single ticket, a return ticket or a

season ticket.'.

32. In section 110A of the principal Act, in sub-section (1), after clause

(a), the following clause shall be inserted, namely: —

" (aa) by the owner of the property; or".

Amend- ment of section 110A.

Amend- ment of section HOC.

0 of 1898. 2 of 1974.

33 In section HOC of the principal Act, in sub-section (2), for the words and figures "section 195 and Chapter XXXV of the Code of Crimi- nal Procedure, 1898", the words and figures "section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973" shall be substituted.

34. After section 112 of the principal Act, the following section shall

be inserted, namely: —

Insertion of new section 112A.

'112A. (1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor, he shall be punishable with fine which may extend to five hundred rupees.

'Explanation.—In this section, "pass" and "ticket" have the mean-

ings respectively assigned to them in section 82A.

Penalty for travelling without pass or ticket and for dere- liction of duty on the part of con- ductor.

(2) If the conductor of a stage carriage, or the driver of a stage carriage where such driver discharges the functions of a conductor in such stage carriage, whose duty is—

(a) to supply a ticket to a person travelling in a sitage carriage on payment of fare by such person, either wilfully or neg- ligently,—

(i) fails or refuses to accept the fare when tendered, or (ii) fails or refuses to supply a ticket, or (iii) supplies an invalid ticket, or (if) supplies a ticket of lesser value, or

(b) to check any pass or ticket, either wilfully or negligently

fails or refuses to do so,

he shall be punishable with fine which may extend to five hundred rupees.

(3) The offence under this section may be compounded if the person referred to in sub-section (I) or the conductor or the driver referred to in sub-section (2), pays, on the spot on demand by such authority as the State Government may, by notification in the Official Gazette, specify,—

(a) ten times the actual fare payable by such person or

realisable by such conductor or driver; or

(b) rupees five hundred,

whichever is less.

(4) Where a person has paid the amount under sub-section (3),

no action shall be taken against him under section 112.'.

35. After section 124 of the principal Act, the following section shall

be inserted, namely: —

Insertion of new section 124A.

Imposition of mini- mum fine under certain circum- stancae.

"124A. (1) Whoever having been convicted of an offence tinder this Act commits an offence on a second or subsequent occasion within three years of the commission of a previous similar offence, no court shall, except for reasons to be stated in writing, impose on him a fine of less than one-fourtb of the maximum amount of the fine imposable ior such offence.

(2) Nothing in sub-section (1) shall be construed as restricting the power of the court from awarding such imprisonment as it consi- ders necessary in the circumstances of the case not exceeding the maximum specified in this Act in respect of that offence.".

36. In section 129A of the principal Act, after the proviso, the follow-

ing proviso shall be inserted, namely: —

Amend- ment of section 129A.

"Provided further that where a motor vehicle has been seized and detained under this section for contravention of the provi- sions of section 22, such vehicle shall not be released to the owner unless and until he produces a valid certificate of registration under this Act in respect of that vehicle.".

37. In section 132 of the principal Act, for the words "Presidency

Magistrate", the words "Metropolitan Magistrate" ahall be substituted.

Amend- ment of section 132.

38. In section 133A of the principal Act, in subjection (5),—

5 of 1898. 2 of 1974.

Amend- ment of section 133A.

(a) for the words and figures "Code of Criminal Procedure, 1898", the words and figures "Code of Criminal Procedure, 1973" shall be substituted;

(b) for the word and figures "section 98", the word and figures

"section 94" shall be substituted.

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

(a) in Form A—

(i) in Section I, for items (d) and (e), the following items

Amend- ment of the First Schedule

shall be substituted, namely: —

"* (d) medium goods vehicles,

* (e) medium passenger motor vehicles,

* (ei) heavy goods vehicles,

* (en) heavy passenger motor vehicles,";

(b) in Section III, for question (a), the following question shall

be substituted, namely: —

" (a) Do you suffer from attacks of loss of consciousness from

any cause?";

(c) in Form AA, in the first paragraph, for items (d) and (e)

the following items shall be substituted, namely: —

"(d) medium goods vehicles,

(e) medium passenger motor vehicles,

(ei) heavy goods vehicles,

(eii) heavy passenger motor vehicles,";

(d) in Form B, in Section II, for question (a), the following

question shall be substituted, namely: —

"(a) Do you suffer from attacks of loss of consciousness from any cause?";

(e) in Form D, for ilems (d) and (e), the following items shall

be substituted, namely:—•

" (d) medium goods vehicles,

(e) medium passenger motor vehicles,

(ei) heavy goods vehicles,

(eii) heavy passenger motor vehicles,";

(/) in Form E—

(i) in entry 1, the words "and address" shall be omitted;

(ii) after entry 1A, the following entries shall be inserted,

namely: —

"]AB. Permanent address of the person to be registered

as registered owner

as registered owner

1AC. Temporary address of the person to be registered ";

(Hi) after entry 2, the following entry shall be inserted,

namely: —

"2A. The motor vehicle is—

(a) a new vehicle;

(b) a re-built vehicle;";

(w) in entries 16 and 20, for the words "heavy motor vehicles", the words "heavy goods vehicles or heavy passenger motor vehicles" shall be substituted;

(g) after Form E, the following Form shall be inserted,

namely: —

"FORM F

[See section 24(5) and (6)]

Form of Application for renewal of certificate of registration

of a motor vehicle, other than a transport vehicle

I, Shri/Shrimati/Kumari hereby apply for the renewal of the certificate of registration, which is attached, and particulars of which are as follows: —

(a) Registered number

(h) Date of issue

(c) Registering authority by whch the certificate was

issued/last renewed.

My present address is

If this address is not entered on the licence, I do/do not wish that it should be so entered.

The renewal o£ the certificate has not been refused by any registering authority.

1. Class of vehicle

2. The motor vehicle is—

(a) a new vehicle;

(b) a re-built vehicle;

3. Type of body

4. Maker's name

5. Year of manufacture

6. Number of cylinders

7. Cubic capacity

8. Maker's classification

9. Chassis number

10. Engine number

11. Seating capacity (including driver)

12. Unladen weight

Dated:

Signature of Applicant.

NOTE.—The motor vehicle above described is—

(i) subject to a hire-purchase agreement with

(ii) subject to hypothecation in favour of

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

(Strike out v/hatever is not applicable and, if the motor vehicle is subject to hire-purchase agreement or hypothecation, obtain the signature of the hire-purchase company or the mortgagee, as the case may be.)

Signature of owner.

Signature of Hire-purchase Company /Mortgagee.";

(h) in Form G —

(i) for the words "and address", occurring in the third entry below the heading "Form of Certificate of Registration", the words "and permanent and temporary addresses" shall be substituted;

(ii) after entry 1, the following entry shall be inserted, namely: —

"1A. The motor vehicle is—

(a) a new vehicle;

(b) a re-built vehicle;";

(Hi) in entries 14 and 18, for the words "heavy motor vehicles", the words "heavy goods vehicles or heavy passenger motor vehicles" shall be substituted;

(iv) after entry 18, the following shall be inserted, namely: —

"This certificate is valid from

to

";

(v) before the Note, the following shall be inserted,

namely: —

"This certificate is hereby renewed up to Signature of registering authority.

the day o f . . . . . .. 19

the • day of 19

the day of -19

the- day of ..19

".

£0. In the Second Schedule to the principal Act, in paragraph I, in

Item 1, for the word "Epilepsy", the words "Attacks of loss of conscious- ness from any caus^'¹ shall be substituted.

Amend- ment of the Second Schedule

41. The Sixth Schedule to the principal Act shall be omitted.

Omission of the Sixth Schedule,

42. In the Eighth Schedule to the principal Act,—

(a) for the words "heavy motor vehicle", wherever they occur, the words "heavy goods vehicle or heavy passenger motor vehicle" shall be substituted;

Amend- ment of the Eighth Schedule.

(b) for the words "medium motor vehicle", the words "medium goods vehicle or medium passenger motor vehicle" shall be substi- tuted.

R. V. S. PERI SASTRI,

Secy, to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELin, 1 9 78