508

THE GAZETTE OF INDIA : EXTRAORDINARY

[PARI II—SEC. 3|

MINISTRY OF INDUSTRY

((Department of Hea*y Industn)

ORDER

New Delhi, the 9th April, 1981

S.O.

298(E) —Whereas n appsrs to the Central Govern-

ment thai it is necessary so to do fo> securing the equitable

distubtition and availability at fair puce of commeicnl veh des;

Now, therefore, m exeicise of the powers confeired by

section 18G of the Industrie- (Development and Regulation)

Act, 1951 (63 of 1951), the Central Government hereby makes

the following Ordei, namely —

1. Short title, extent and commencement —•

(1) This order may be called the Commercial Vehicles

(Restriction oa Re-sals) Ordei, 1981

(2) It extends to the whole oi India

(3) It shall come into foice oi tlu 9th da> ot April. 1981.

2 Defiimo"s

In this Oidei, mbss the context otherwise

requires—

(1) "Commercial Vehicles" means a motoi vehicle of any

ftesc iption speaned in column (U of the Schedule,

manufactured or assembled m India, or manufactured

in India from components imported m*o India or partly

imported and partly manufactured in India, and includes

every such description of motor v iH] Jes whethei called

a truck chassis, bus chassis, three-wheeler, four-wheeler

oi by any other name,

(2) "Controller" means a person appointed bv the Govern-

ment to be the Controller of Commercial Vehicles for

the purpose of this Order,

(3) "Government of a state", in relation to a Union Terri-

tory, means the Administrator thereof,

(4) "Schedule" means the Schedule annexed to this Order.

3. Commercial Vehicles not to be resold, etc (1) On and from

the commencement of this Order, no person shall, before the

expiry of two >ears from the date when a commercial vehicles

wjj first purchased as a new commercial vehicles, whether

purchased by him or by any person on his behalf and whether

purchased before or after such commencement, sell or offer to

sell, or enter into any transaction involv ing the transfer or poss-

ession of the commercial vehicle to any other peison except

under and m accoidance with the teims and conditions of a

permit, in writing, from tne Conttoller who shall, where a

permit is not granted, communicate to the person concerned.

the reasons for such refusal.

(2) In gi anting or refusing a permit under sub-clause (1),

t'.o Coiuiohet sha 1 have regard to the circumstances relating

to the propose! sale or transaction, as the case may be, and

tL the purno-cs to be *>eived b> this Order

0) An> perso i aggrieved bv the refusal of the controller to

grant a permit undei sub-clause (1) may, within 30 days from

the date on which the such refusal is communicated to him,

prefer an appeal to the Government;

509

Provided that the Government may entertain the appeal

aftor the expiry of the said period of 30 days if it is satisfied that

the appellant had sufficient cause for not preferring the appeal

within the period aforesaid.

4. Power to obtain Inlormation.—I the Controller, has rea-

son to believe that a new commercial vehiclo has been sold or

its possession has been transfened before the e\puy of the

period of two years lefeircd to in sub-clause (1) of clause 3,

he may require the porson, who hassn sold or transfcned its

possession, to furnish the paiticul'irs relating to '•'..eh sale or

tiansaction involving such transfei or possession as the Controller

may deem fit, including the name of the person to whom the

vehicle was so sold oi its possession transferred.

SCHEDULE

[Sec clause 2(a))

Description of Commercial

Name of manufactuior

Vehicles

1. Hindustan/Bedford

M/s. Hindustan Motors Limi-

ted,

9/1, R. N. Mukherjee

Road Calcutta-1.

2. Road Master/Premier

M/s. Premier

Automobiles

Limited, Construction House,

Ballard Estate, Bombay-1.

TATA

Ijey Lind/Comet/Bcavcr/

Hippo/Titan/Viking/

CHEETA H/TAORUS/

TUSKER

Jeep Truck

Hanseat 3-wheoler/

Metador/Viking 4-wheelcr

Standard 20

"Ford"

Vikram—3 wheeler

M/s. Tata

Engineering and

Locomotive Company Limi-

ted, Bombay House 24, Homi

Mody Street Fort, Bombay-

400023.

M/s Ashok Lcjan-l I. nited,

11/1.1

North

B^ach Road,

Madi as-6'")00Ki.

M/s. Mahmdia and Mrtbindra

Limited, Akurli Road, Kan-

divh fhast), Post BOK No,

76?5, Bombay-67

NB.

M/s. Bajaj Tempo Limited,

Bombay

Poona

Road,

Akurdl, Poona-411035.

M/s. Standard Motor Products

of India Ltd., 2<> Mount

Road, Madras-2.

M/s. Simpson and Company

Limited, 202-203,

Mount

Road, Madras.

M ,. Scooters India Ltd Saro-

jininag.il,

1 ucknow.

[No. 2(2)/79-AEIff)l

M.C. GUPTA. St. Secv

PRFNIID BY THE MANAGER, GOVT. OF INDIA PRFSS, RINO ROAD, NEW DELHI-1 100fi4

AND PUHLISHFD HY THE CONTROLLER OF PUBLICATIONS, DELHI-110054,

1981