Search Results on notification for query: "Enforcement"
Related Section(s)(1) This Act may be called the Lokpal and
Lokayuktas Act, 2013.
(2) It extends to the whole of India. (3) It shall apply to public servants in and outside India. (4) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 16th January, 2014, vide notification No. S.O. 119 (E), dated 16th January, 2014, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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Related Section(s)(1) This Act may be called the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of June, 2002. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Bureau of Indian
Standards Act, 2016.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 12th October 2017, vide Notification No. S.O.3295(E) dated 12th October 2017, see Gazette of India, Extraordinary, Part II,
Section 3 (ii).
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Related Section(s)(1) Any person who is not for the time being disqualified for holding or
obtaining a driving licence may apply to 1[any licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. 2[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the applicant produces proof to show that-- (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between thed ate of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 3[Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 4*** a driving certificate issued by a school or establishment referred to in section 12. 5[(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days: Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test 6[and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he-- (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 7[(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.]
1. Subs. by s. 5, ibid., for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 4. The words "such minimum educational qualification as may be prescribed by the Central Government and" omitted by s. 5, ibid (w.e.f. 1-9-2019). 5. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 6. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1-9-2019). 7. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). 1[43. Temporary registration.-- Notwithstanding anything contained in section 40, the owner of a
motor vehicle may apply to any registering authority or other authority as may be prescribed by the State
Government to have the motor vehicle temporarily registered and such authority shall issue a temporary
certificate of registration and temporary registration mark in accordance with such rules as may be made
by the Central Government:
Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.]
1. Subs. by Act 32 of 2019, s. 18, for section 43 (w.e.f. 1-9-2019).
(1) A State Government may make rules for the
purpose of carrying into effect the provisions of this Chapter other than the matters specified in
section 27.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges; (e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; 1* * * * (k) any other matter which is to be, or may be, prescribed.
1. Clause (j) omitted by s. 15 (w.e.f. 1-9-2019).
(1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, 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 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). (1) A State Government may make rules for the
purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor's licences are issued; (d) the form of application for conductor's licences or for renewal of such licences and the particulars it may contain; (e) the form in which conductor's licences may be issued or renewed and the particulars it may contain; (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges; (i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates; (j) the conditions subject to which, and the extent to which, a conductor's licence issued in another State shall be effective in the State; (k) the communication of particulars of conductor's licences from one authority to other authorities; and (l) any other matter which is to be, or may be, prescribed. (1) Where any person holding a conductor's licence is convicted
of an offence under this Act, the Court by which such person is convicted may, in addition to imposing
any other punishment authorised by law, declare the person so convicted to be disqualified for such
period as the Court may specify for holding a conductor's licence.
(2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. Any contract for the conveyance of a passenger
in a 1[transport vehicle, in respect of which a permit or licence] has been issued under this Chapter, shall,
so far as it purports to negative or restrict the liability of any person in respect of any claim made against
that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any
such liability, be void.
1. Subs. by Act 32 of 2019, s. 35, for "stage carriage or contract carriage, in respect of which a permit" (w.e.f. 1-9-2019).
No owner
or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the
provisions of section 3 or section 4 to drive the vehicle.
(1) No person shall, while he holds any driving
licence for the time being in force, hold any other driving licence except a learner’s licence or a driving
licence issued in accordance with the provisions of section 18 or a document authorising, in accordance
with the rules made under section 139, the person specified therein to drive a motor vehicle.
(2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. 1[(1) No person shall
be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to
drive a light motor vehicle for at least one year:]
2[Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.] (2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s licence.
1. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 14-11-1994).
2. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7-1-2015) (1) Every learner's licence and driving licence, except
a driving licence issued under section 18, shall be in such form and shall contain such information as may
be prescribed by the Central Government.
(2) A learner’s licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: (a) motor cycle without gear; (b) motor cycle with gear; (c) 1[adapted vehicle]; (d) light motor vehicle; 2[(e) transport vehicle;] (i) road-roller; (j) motor vehicle of a specified description.
1. Subs. by Act 32 of 2019, s. 6, for "invalid carriage" (w.e.f. 1-9-2019).
2. Subs. by Act 54 of 1994, s. 8, for clauses (e) to (h) (w.e.f. 14-11-1994) Notwithstanding anything
contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or
may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a
medical certificate in the same form and in the same manner as is referred to in sub-section (3) of
section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence
is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a
driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the
authority which issued that licence.
(1) Where a licensing
authority refuses to issue any learner’s licence or to issue or renew, or revokes, any driving licence, or
refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order
communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such
refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. (1) Where a person is convicted of an offence under this Act or
of an offence in the commission of which a motor vehicle was used, the Court by which such person is
convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may
specify, from holding any driving licence to drive all classes or description of vehicles, or any particular
class or description of such vehicles, as are specified in such licence:
Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence. (2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable to clause (c) of sub-section (1) of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months. (3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person- (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, (b) who is convicted of an offence punishable under section 189, or (c) who is convicted of an offence punishable under section 192: Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year. (4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority. (5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made. (1) Without prejudice to the
provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is
convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class
or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which
such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence
held by such person in so far as it relates to that class or description of motor vehicle.
(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person. (3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8. (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force. (1) The owner of a motor vehicle when applying for the assignment of
a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to
be effected in a State other than the State of its registration, the transferor of such vehicle when reporting
the transfer under sub-section (1) of section 50, shall make an application in such form and in such
manner as may be prescribed by the Central Government to the registering authority by which the vehicle
was 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 assigning a new registration
mark to the vehicle 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 by the Central Government. (3) On receipt of an application under sub-section (1), the registering authority may, after making such inquiry and requiring the applicant to comply with such directions 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 may be prescribed by the Central Government. 1[(6) The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.]
1. Ins. by Act 54 of 1994, s. 13 (w.e.f. 14-11-1994).
The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
(1) If the owner of a motor vehicle ceases to reside
or have his place of business at the address recorded in the certificate of registration of the vehicle, he
shall, within thirty days of any such change of address, intimate in such form accompanied by such
documents as may be prescribed by the Central Government, his new address, to the registering authority
by which the certificate of registration was issued, or, if the new address is within the jurisdiction of
another 1[State, to any registering authority in that State], and shall at the same time forward the
certificate of registration to the registering authority or, as the case may be, to the other registering
authority in order that the new address may be entered therein.
2[(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.] (2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding 3[five hundred rupees] as may be prescribed under sub-section (4): Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount. (3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177. (4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address. (5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration. (6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. (7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.
1. Subs. by Act 32 of 2019, s. 20, for "registering authority, to that other registering authority" (w.e.f. 1-9-2019).
2. Ins. by s. 20, ibid. (w.e.f. 1-9-2019).
3. Subs. by s. 20, ibid., for "one hundred rupees" (w.e.f. 1-9-2019).
A Regional Transport Authority
shall, in considering an application for a goods carriage permit, have regard to the following matters,
namely:--
(a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life; (b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life. (1) The Central Government may, by notification in the
Official Gazette, make a scheme for the purpose of regulating the business of renting of 1[motor cabs or
motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor
cycles] for their own use and for matters connected therewith.
(2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely:-- (a) licensing of operators under the scheme including grant, renewal and revocation of such licences; (b) form of application and form of licences and the particulars to be contained therein; (c) fee to be paid with the application for such licences; (d) the authorities to which the application shall be made; (e) condition subject to which such licences may be granted, renewed or revoked; (f) appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences; (g) conditions subject to which motor cabs may be rented; (h) maintenance of records and inspection of such records; (i) such other matters as may be necessary to carry out the purposes of this section.
1. Subs. by Act 54 of 1994, s. 24, for "motor cabs to persons desiring to drive the cabs" (w.e.f. 14-11-1994).
(1) This Act may be called the Motor Vehicles Act,
1988.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different State and any reference in this Act to the commencement of this Act shall, in relation to a States, be construed as a reference to the coming into force of this Act in that State.
1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).
(1) Where, in relation to a person who had
been previously convicted of an offence punishable under section 184, a case is registered by a police
officer on the allegation that such person has, by such dangerous driving as is referred to in the said
section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or
more persons, the driving licence held by such person shall in relation to such class or description of
motor vehicle become suspended--
(a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. (2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. (3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with regard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force. (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
In this Act, unless context otherwise requires,--
1[(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person; (1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;] (2) "articulated vehicle" means a motor vehicle to which a semitrailer is attached; (3) "axle weight" means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4) "certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; 2[(4A) "community service" means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;] (5) "conductor", in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; (6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) "contract carriage" means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum-- (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes-- (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) "dealer" includes a person who is engaged-- 3* * * * * (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; 4[(9A) "driver refresher training course" means the course referred to in sub-section (2A) of section 19;] (10) "driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; (11) "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage; 4[(12A) "golden hour" means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;] (13) "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) "gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 5* * * * * (19) "learner's licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; (20) "licensing authority" means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; (21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 6[7500] kilograms; 7[(21A) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;] (22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 8[adapted vehicle], light motor vehicle or heavy passenger motor vehicle; (25) "motorcab" means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) "motor car" means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or 8[adapted carriage]; (27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 9[twenty-five cubic centimetres]; (29) "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver; (30) "owner" means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; (31) "permit" means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) "prescribed" means prescribed by rules made under this Act; (33) "private service vehicle" means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes; (34) "public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (35) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; (36) "registered axle weight" means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; (37) "registering authority" means an authority empowered to register motor vehicles under Chapter IV; (38) "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another; 10[(38A) "scheme" means a scheme framed under this Act;] 11[(39) "semi-trailer" means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle;] (40) "stage carriage" means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey; (41) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (42) "State transport undertaking" means any undertaking providing road transport service, where such undertaking is carried on by,-- (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments; 12[(iv) Zilla Parishad or any other similar local authority.] Explanation.--For the purposes of this clause, "road transport service" means a service of motor vehicles carrying passengers or goods or both by road for hire or reward; 10[(42A) "testing agency" means any entity designated as a testing agency under section 110B;] (43) "tourist vehicle" means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; (44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (45) "traffic signs" includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (46) "trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; (47) "transport vehicle" means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) "unladen weight" means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; (49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 10[or moves].
1. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019).
2. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 3. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 4. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 5. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 2, for 6000 (w.e.f. 14-11-1994). 7. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 8. Subs. by Act 32 of 2019, s. 2, for "invalid carriage" (w.e.f. 1-9-2019). 9. Subs. by Act 54 of 1994, s. 2, for "thirty-five cubic centimetres" (w.e.f. 14-11-1994). 10. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 11. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 12. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). (1) No person under the age of
eighteen years shall drive a motor vehicle in any public place:
Provided that 1[a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learners licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.
1. Subs. by Act 54 of 1994, s. 4, for "a motor cycle without gear" (w.e.f. 14-11-1994).
(1) A learner's licence issued under this Act
shall, subject to the other provisions of this Act, be effective for a period of six months from the date of
issue of the licence.
(2) A driving licence issued or renewed under this Act shall,-- (a) in the case of a licence to drive a transport vehicle, be effective for a period of 1[five years]: 2*** 3[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of 4[three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];] 5[(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,-- (i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or (ii) has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or (iii) has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or (iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal.] 6* * * * *
1. Subs. by Act 32 of 2019, s. 9, for "three years" (w.e.f. 1-9-2019).
2. The word "and" omitted by Act 54 of 1994, s. 9 (w.e.f. 14-11-1994). 3. Ins. by s. 9, ibid. (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1-9-2019). 5. Subs. by s. 9, ibid., for cl. (b) (w.e.f. 1-9-2019). 6. The proviso omitted by s. 9, ibid. (w.e.f. 1-9-2019). If any licence to act as a conductor of a stage carriage (by whatever name called) has
been issued in any State and is effective immediately before the commencement of this Act, it shall
continue to be effective, notwithstanding such commencement, for the period for which it would have
been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence
issued under this Chapter as if this Chapter had been in force on the date on which that licence was
granted.
(1) The Court or authority making an order of disqualification shall endorse or
cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the
order of disqualification and of any conviction of an offence in respect of which an order of
disqualification is made; and particulars of any cancellation or variation of an order of disqualification
made under sub-section (3) of section 23 shall be similarly so endorsed.
(2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted. (3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving licence if it is in his possession. (4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed. (5) When the driving licence is endorsed or caused to be endorsed by any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving licence was granted or last renewed. (6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a driving licence, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endorsement. (1) No person shall act as a conductor of a stage carriage
unless he holds an effective conductors licence issued to him authorising him to act as such conductor;
and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage
carriage.
(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month. Subject to the provisions of section 47, a motor vehicle
registered in accordance with this Chapter in any State shall not require to be registered elsewhere in
India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be
effective throughout India.
.(1) Where an
application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf
of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3)
or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in
accordance with such procedure as may be provided by rules made in this behalf by the Central
Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration
mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in
this section referred to as the certificate of registration) that the vehicle has been registered under this
section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic
officer or consular officer, require to be registered otherwise under this Act.
(2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply. (3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles. (4) For the purposes of this section, "diplomatic officer" or "consular officer" means any person who is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final. (1) The Central Government may, having
regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than
a motorcab), and its make and model and other relevant considerations, by notification in the Official
Gazette, specify, in relation to each make and model of a transport vehicle, the 1[maximum gross vehicle
weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle.
(2) A registering authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:-- (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels: Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 2* * * * * (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority.
1. Subs. by s. 18, ibid., for "maximum safe laden weight" (w.e.f. 14-11-1994).
2. Sub-section (4) omitted by Act 27 of 2000, s. 3 (w.e.f. 11-8-2000). An application for a permit in respect of a contract
carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars,
namely:--
(a) the type and seating capacity of the vehicle; (b) the area for which the permit is required; (c) any other particulars which may be prescribed. An application for a permit to use a motor vehicle for
the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or
business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as
may be, contain the following particulars, namely:--
(a) the area or the route or routes to which the application relates; (b) the type and capacity of the vehicle; (c) the nature of the goods it is proposed to carry; (d) the arrangements intended to be made for the housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods; (e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, and of the rates charged by the applicant; (f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the Regional Transport Authority of facilities for the transport of goods for hire or reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region; (g) any other particulars which may be prescribed. (1) Any person--
(a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit under section 82, or (d) aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) aggrieved by the refusal to grant permission under section 83, or (g) aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final. 1[(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.] (3) Notwithstanding anything contained in sub-section (1) or sub- section (2), every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not been passed. Explanation.--For the removal of doubts, it is hereby declared that when any order is made by the State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Inter-State Transport Commission under clause (c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939), as it stood immediately before the commencement of this Act, and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tribunal against such order but not against the direction so issued.
1. Subs. by s. 28, ibid., for sub-section (2) (w.e.f. 14-11-1994).
1
[(1) The hours of work of any person engaged for
operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of
1961).]
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. (3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3). (5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).
1. Subs. by Act 54 of 1994, s. 29, for sub-section (1) (w.e.f. 14-11-1994).
(1) A Regional Transport Authority and the State Transport Authority
may without following the procedure laid down in section 80, grant permits, to be effective for a limited
period which shall, not in any case exceed four months, to authorise the use of a transport vehicle
temporarily--
(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit: Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. (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 72 or section 74 or section 76 or section 79 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 (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 respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended: | ||||||||||||||||
Related Section(s)(1) This Act may be called the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of June, 2002. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the
Official Gazette, appoint such of the officers of the National Authority 1[or of the Central Government] as
it thinks fit to be enforcement officers for the purposes of this Act:
1[Provided that such officers shall fulfil the prescribed criteria.] (2) The State Government may, as and when so directed by the Central Government and by notification in the Official Gazette, appoint such of its officers of gazetted rank as it thinks fit to be enforcement officers for the purposes of this Act and assign to them such local limits as it may think fit. (3) Every officer appointed as enforcement officer under sub-section (1) or under sub-section (2) shall be furnished by the Central Government or by the State Government, as the case may be, with a certificate of appointment as an enforcement officer and the certificate shall, on demand, be produced by such enforcement officer
1. Ins. by Act 36 of 2012, s. 2 (w.e.f. 23-11-2012).
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the Directors under sub-section (3) of section 6, and the salary and allowances payable to and other terms and conditions of service of officers and other employees of the National Authority under sub-section (4) of that section; (b) other functions of the National Authority that may be prescribed under clause (v) of sub-section (2) of section 7; 1[(ba) the criteria which the officers are required to fulfil under sub-section (1) of section 9;] 2[(c) the exemptions and thresholds under sub-sections (1) and (2) of section 18, the form of application, the particulars to be contained in the application form, the form of certificate of registration, the manner of making application, the amount of fee payable, the procedure to be followed in granting or cancelling certificate of registration under sub-section (3) of section 18, the terms and conditions for granting a certificate of registration under sub-section (4) of section 18, the period for which a renewed certificate of registration may be issued and the amount of fee payable therefor under sub-section (5) of sub-section 18, and information, declaration or return to be furnished under sub-section (6) of that section;] (d) the time within which appeal may be preferred under sub-section (1) of section 50; (e) the form for making appeal and the fee to be accompanied therewith under sub-section (3) of section 50; (f) the procedure for disposing of appeal under sub-section (4) of section 50; (g) any other matter which is to be, or may be, prescribed. (3) Every notification issued under sub-section (2) of section 3, any declaration made under section 5, every order made under section 55 and every rule made under section 56 shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, order or rule or both Houses agree that the notification, order or rule should not be issued or made, the notification, order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification, order or rule.
1. Ins. by Act 36 of 2012, s. 6 (w.e.f. 23-11-2012).
2. Subs. by s. 6, ibid., for clause (c) (w.e.f. 23-11-2012). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the
Official Gazette, appoint such of the officers of the National Authority 1[or of the Central Government] as
it thinks fit to be enforcement officers for the purposes of this Act:
1[Provided that such officers shall fulfil the prescribed criteria.] (2) The State Government may, as and when so directed by the Central Government and by notification in the Official Gazette, appoint such of its officers of gazetted rank as it thinks fit to be enforcement officers for the purposes of this Act and assign to them such local limits as it may think fit. (3) Every officer appointed as enforcement officer under sub-section (1) or under sub-section (2) shall be furnished by the Central Government or by the State Government, as the case may be, with a certificate of appointment as an enforcement officer and the certificate shall, on demand, be produced by such enforcement officer
1. Ins. by Act 36 of 2012, s. 2 (w.e.f. 23-11-2012).
(1) For the purposes of this Act, the Central Government
shall establish, by notification in the Official Gazette, an Authority to be known as the National Authority
for implementing the provisions of the Convention which shall consist of a Chairperson and such number
of Directors as may be appointed by the Central Government.
(2) The Central Government may appoint officers and such other employees to the National Authority as it thinks fit for the purposes of this Act. (3) The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the Directors shall be such as may be prescribed. (4) The salary and allowances payable to, and other terms and conditions of service of, officers and other employees of the National Authority shall be such as may be prescribed. (5) In the exercise of its powers and performance of its functions under this Act, the National Authority shall be subject to the control of the Central Government. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
(2) It shall extend to the whole of India 1*** and save as otherwise provided in this Act, it shall also apply to any offence or contravention thereunder committed outside India by any person. (3) It shall come into force on such date2 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 in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
2. 12th September, 2016 -- Section 1 to 10, 24 to 47, vide notification No. S.O. 2927 (E), dated 12th September, 2016 see Gazette of India Extraordinary, Part II, s. 3 (ii). 12th July, 2016-- Section 11 to 20, 22 and 23, 48 to 59, vide notification No. S.O. 2357 (E), dated 12 the July 2016, see Gazette of India, Extraordinary, Part II, s. 3 (ii). 25th July, 2019 -- Sections 1 to 30, vide notification No. S.O. 2649 (E), dated 25th July, 2019 see Gazette of India, Extraordinary, Part II, s. 3 (ii). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act,
2017.
(2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint.
1 10th September, 2018 vide Notification No. S.O. 4715(E) dated 10th September 2018, see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
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Related Section(s)(1) This Act may be called the Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
(2) It shall extend to the whole of India 1*** and save as otherwise provided in this Act, it shall also apply to any offence or contravention thereunder committed outside India by any person. (3) It shall come into force on such date2 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 in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
2. 12th September, 2016 -- Section 1 to 10, 24 to 47, vide notification No. S.O. 2927 (E), dated 12th September, 2016 see Gazette of India Extraordinary, Part II, s. 3 (ii). 12th July, 2016-- Section 11 to 20, 22 and 23, 48 to 59, vide notification No. S.O. 2357 (E), dated 12 the July 2016, see Gazette of India, Extraordinary, Part II, s. 3 (ii). 25th July, 2019 -- Sections 1 to 30, vide notification No. S.O. 2649 (E), dated 25th July, 2019 see Gazette of India, Extraordinary, Part II, s. 3 (ii). | ||||||||||||||||
Related Section(s)The Central Government may, by
notification in the Official Gazette, extend with such restrictions or modifications as it thinks fit, to Dadra
and Nagar Haveli any enactment which is in force in a State at the date of the notification.
As from
such date as the Central Government may, by notification in the Official Gazette, specify the jurisdiction
of the High Court at Bombay shall extend to Dadra and Nagar Haveli.
(1) This Act may be called the Dadra and Nagar Haveli
Act, 1961.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli. (3) It shall be deemed to have come into force on the 11th day of August, 1961. In this Act, unless the context otherwise requires,—
(a) "Administrator" means the Administrator of the Union territory of Dadra and Nagar Haveli appointed by the President under article 239 of the Constitution; (b) "appointed day" means the eleventh day of August, 1961; (c) "Dadra and Nagar Haveli" means the Union territory of Dadra and Nagar Haveli; (d) "Varishta Panchayat" means the Varishta Panchayat as in existence immediately before the appointed day. All taxes, duties, cesses or fees which, immediately before the
appointed day, were being lawfully levied in Free Dadra and Nagar Haveli or any part thereof shall
continue to be levied and to be applied to the same purposes, until other provisions is made by Parliament
or other competent authority.
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Related Section(s)(1) This Act may be called the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of June, 2002. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of June, 2002. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of June, 2002. | ||||||||||||||||
Related Section(s)(1) The Secretary of the Institute shall be appointed by the Central Government for a
tenure of five years and on such terms and conditions of service as may be prescribed.
(2) The Secretary shall act as the Secretary of the Governing Council, the Senate and such committees as may be specified by the Statutes. (3) The Secretary shall be responsible to the Managing Director for the proper discharge of his functions. (4) The Secretary shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Managing Director. (1) This Act may be called the Footwear Design and
Development Institute Act, 2017.
(2) It shall come into force on such date 1 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 commencement in any such provision of this Act shall be construed as a reference to the commencement of that provision.
1 16th October, 2017 vide notification No. S.O. 3248(E) dated the 5th October, 2017, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
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Related Section(s)(1) This Act may be called the Equal Remuneration
Act, 1976.
(2) It extends to the whole of India. (3) It shall come into force on such date1 , not being later than three years from the passing of this Act, as the Central Government may, by notification, appoint and different dates may be appointed for different establishments or employments.
1. 8th March, 1976, vide notification No. S.O. 175(E), dated 6th March, 1976, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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Related Section(s)(1) This Act may be called the Micro, Small and Medium
Enterprises Development Act, 2006.
(2) It shall come into force on such date1 as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1 2nd October, 2006, vide notification No. S.O. 1154(E) dated 18th July, 2006, see Gazette of India, Extraordinary Part II
sec.3(ii).
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Related Section(s)(1) This Act may be called the Legal Metrology Act,
2009.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
1. 1st March, 2011, vide notification No. S.O. 1(E), dated 31st December, 2010, see Gazette of India, Extraordinary,
Part II, Sec. 3(ii).
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