The Motor Vehicle Act, 1988

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THE MOTOR VEHICLES ACT, 1988 An Act to consolidate and amend the law relating to motor vehicles. Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows: CHAPTER SECTIONS TITLES I II III IV V VI VII VIII IX X XI XII XIII XIV 1-2 3-28 29-38 39-65 66-96 97-108 109-111 Preliminary Licensing of derives of motor vehicles Licensing of conductors of stage carriages Registration of motor vehicles Control of transport vehicles Special provisions transport undertaking relating to state Construction, equipment and maintenance of motor vehicles 112-138 Control of traffic 139 Motor vehicles visiting India temporarily leaving or 140-144 Liability without fault in certain cases 145-164 165-176 177-210 211-217 Insurance of motor vehicles against third party risks Claims tribunals Offences, penalties and procedure Miscellaneous The schedule CHAPTER I - PRELIMINARY 1. Short title, extent and commencement.— (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 date [1] as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. 2. Definitions .— In this Act, unless the context otherwise requires,— (1 ) “area”, in relatio n to an y p ro visio n o f th is A ct, means such area as the State Government may, having regard to the requirements of that provisions, specify by notification in the Official Gazette; (2) “articu lated veh icle” m ean s a m o to r veh icle to w h ich a sem i- trailer is attached; (3) “axle w eig h t” m ean s in relatio n to an axle o f a veh icle th e to tal weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4 ) “certificate o f reg istratio n ” m ean s th e certificate issu ed b y a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; (5 ) “co n d u cto r” in relatio n to a stag e carriag e, m ean s a p erson 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) “co n d u cto r’s licen ce” m ean s th e licen ce issu ed b y a co m p eten t authority under Chapter III authorising the person specified therein to act as a conductor; (7 ) “co n tract carriag e” m ean s a m o to r veh icle w h ich 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 motorcar notwithstanding the separate fares are charged for its passengers; (8 ) “d ealer” in clu d e s a p erso n w h o is e n g ag ed — [2] [***] (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 ) “d river” in clu d e s, in relatio n to a m o to r veh icle w h ich is d raw n b y another motor vehicle, the person who acts as a steersman of the drawn vehicle; (1 0 ) “d rivin g licen ce” m ean s th e licen ce issu ed b y a co m p eten t 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) “ed u catio n a l in stitu tio n b u s” m ea n s an o m n ib u s, w h ich is o w n ed 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; (1 2 ) “fares” in clu d e s su m s p aya b le fo r a seaso n ticket o r in resp ect o f the hire of a contract carriage; (1 3 ) “g o o d s” in clu d es livesto ck, a n d a n yth in g (o th er th an eq u ip m en t 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; (1 4 ) “g o o d s carriag e” m ean s an y m o to r veh icle co n stru cted o r ad ap ted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (1 5 ) “g ro ss veh icle w eig h t” m ean s in resp ect o f an y veh icle th e to tal weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (1 6 ) “h eavy g o o d s veh icle” m ean s an y g o o d s carriag e th e g ro ss vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (1 7 ) “h eavy p assen g er m o to r veh icle” m ean s an y p u b lic 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; (1 8 ) “in va lid carria g e” m ean s a m o to r veh icle sp ecially d esig n ed an d constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person; (1 9 )“learn er’s licen ce” m ean s th e licen ce issu ed b y a co m p eten t 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) “licen sin g a u th o rity” m ean s an au th o rity em p o w ered to issu e licences under Chapter II or, as the case may be, Chapter III; (21) “lig h t m o to r veh icle” m ean s a tran sp o rt veh icle o r o m n ib u s th e 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 [3] [7500] kilograms; [4 ] [(2 1 A ) “m an u factu rer” m ean s a p erso n w h o is en g ag ed in th e manufacture of motor vehicles;] (22) “m axicab ” m e an s an y m o to r veh icle co n stru cted o r ad ap ted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (2 3 ) “m ed iu m g o o d s veh icle” m ean s a n y g o o d s carriag e o th er th an a light motor vehicle or a heavy goods vehicle; (2 4 ) “m ed iu m p assen g er m o to r veh icle” m ean s an y p u b lic service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle; (25) “m o to rcab ” m ean s an y m o to r veh icle co n stru cted o r ad ap ted to carry not more than six passengers excluding the driver for hire or reward; (2 6 ) “m o to r car” m ean s an y m o to r veh icle o th er th an a tran sp o rt vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage; (2 7 ) “m o to r cycle” m ean s a tw o -wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (2 8 ) “m o to r veh icle” or “veh icle” m ean s an y m ech an ica lly p ro p elled 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 [5] [twenty-five cubic centimetres]; (2 9 ) “o m n ib u s” m e an s an y m o to r veh icle co n structed or adapted to carry more than six persons excluding the driver, (3 0 ) “o w n er” m ean s a p erso n in w h o se n am e a m o to r veh icle stan d s 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; (3 1 ) “p erm it” m ean s a p erm it issu ed b y a S tate o r R eg io n al T ran sp o rt Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) “p rescrib ed ” m ean s p rescrib ed b y ru les m ad e u n d er th is A ct; (3 3 ) “p rivate service veh icle” m ean s a m o to r veh icle co n stru cted o r 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; (3 4 ) “p u b lic p lace” m ean s a ro ad , street, w ay o r o th er p lace, w h eth er a thorough-fare 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; (3 5 ) “p u b lic service veh icle” m ean s an y m o to r veh icle u se d o r ad ap ted to be used for the carriage of passengers for hire or reward, and includes a maxi cab, a motor cab, contract carriage, and stage carriage; (36) “reg istered a xle w eig h t” m ean s in resp ect o f th e axle o f an y vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; (37) “reg isterin g au th o rity” m ean s an au th o rity em p o w ered to register motor vehicles under Chapter IV; (3 8 ) “ro u te” m ean s a lin e o f travel w h ich sp ecifies th e h ig h w ay w h ich may be traversed by a motor vehicle between one terminus and another; [6] [(39) “sem i-trailer” m ean s a veh icle n o t m ech a n ica lly p ro p elled (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 super- imposed on, and a part of whose weight is borne by that motor vehicle;] (4 0 ) “stag e carriag e ” m ean s a m o to r ve h icle co n stru cted o r ad ap ted 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; (4 1 ) “S tate G o vern m en t” in relatio n to a U n io n territo ry m ean s th e Administrator thereof appointed under article 239 of the Constitution; (4 2 ) “S tate tran sp o rt u n d ertakin g ” m ean s an y u n d ertakin g p ro vid in g 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. Zila Parishad or any other similar local authority.] Explanation .— Fo r th e p u rp o ses o f th is clau se, “ro ad tran sp o rt service” mans a service of motor vehicles carrying passengers or goods or both by road for hire or reward; (4 3 ) “to u rist veh icle” m ean s a co n tract carriag e, co n stru cted o r adapted and equipped and maintained in accordance with such specifications as may be prescribed on this behalf; (44) “tracto r” m ean s a m o to r veh icle w h ich is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (4 5 ) “traffic sig n s” in clu d es all sig n a ls, w arn in g sig n p o sts, d irectio n posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (4 6 ) “trailler” m ean s an y veh icle, o th er th an a sem i-trailer and a side- car, drawn or intended to be drawn by a motor vehicle; (4 7 ) “tran sp o rt ve h icle” m ean s a p u b lic service veh icle, a g o o ds carriage, an educational institution bus or a private service vehicle; (4 8 ) “u n lad en w eig h t” m ean s th e w eig h t o f a veh icle o r 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 that weight of the vehicle with the heaviest such alternative part or body; (4 9 ) “w eig h t” m ean s th e to ta l w eig h t tran sm itted fo r th e tim e b ein g b y the wheels of a vehicle to the surface on which the vehicle rests. CHAPTER II - LICENSING OF DRIVRS OF MOTOR VEHICLES 3. Necessity for driving licence.— (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 [8] [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. 4. Age limit in connection with driving of motor vehicle.— (1) No person under the age of eighteen years shall drive a motor vehicle in any public place: Provided that [9] [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 driving a transport vehicle in any public place. (3 ) N o learn er’s licen ce o r d rivin g licen ce sh all b e issu ed to an y p erso n 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. 5. Responsibility of owners of motor vehicles for contravention of Section 3 and 4.— 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. 6. Restrictions on the holding of driving licences.— (1) No person shall, while he holds any driving licence for the time being in force, hold any o th er d rivin g licen ce excep t a learn er’s licen ce o r a d rivin g licen ce 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 ) N o h o ld er o f a d rivin g licen ce o r a learn er’s licen ce sh all p erm it 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. 7 . R estrictio n s o n th e g ran tin g o f learn er’s licen ces fo r certain vehicles.— [1 0 ] [(1 ) N o p erso n sh all b e g ran ted a learn er’s licen ce to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year.] (2) No person under the age of eighteen years shall be granted a learn er’s licen ce to d rive a m o to r cycle w ith o u t g ear excep t w ith consent in writing of the person having the care of the person desiring th e learn er’s licen ce. 8 . G ran t o f learn er’s licen ce.— (1) Any person who is not disqualified under Section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of Section 7, apply to the licensing authority having jurisdiction in the area (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in Section 12 from where he intends to receive instruction in driving a motor vehicle is situate, fo r th e issu e to h im o f a learn er’s licen ce. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government. (3) Every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government, by notification in the Official Gazette, appoint for this purpose. [11] [Provided that no such medical certificate is required for licence to drive a vehicle other than a transport vehicle.] (4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learn er’s is licen ce ap p lied fo r to d rive to b e a so u rce o f d an g er to th e public or to the passengers, the licensing authority shall refuse to issue th e learn er’s licen se: Pro vid ed th at a learn er’s licen ce limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5 ) N o learn er’s licen ce sh all b e issu ed to an y ap p lican t u n less h e passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of Section 7, issu e th e ap p lica n t a learn er’s licen ce u n less th e ap p lican t is disqualified under Section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Pro vid ed th at a licen sin g au th o rity m ay issu e a learn er’s licen ce to drive a motor cycle or light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that th ere is g o o d reaso n fo r th e ap p lican t’s in ab ility to a p p ly to th e appropriate licensing authority. (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub- section (3), or sub-section (5), or both. (8) A n y learn er’s licen ce fo r d rivin g a m o to r cycle in fo rce im m ed ia tely before such commencement, be deemed to be effective for driving a motor cycle with or without gear. commencement of shall, after this Act the 9. Grant of driving licence.— (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment 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. [12] [(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 the date 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: Provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub-section, if the applicant possesses a driving certificate issued by any institution recognised in this behalf by the State Government.] (4) Where the applicant is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the Central Government and a driving certificate issued by a school or established referred to in Section 12. [13] [(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) The test of competence to drive shall be carried out in a vehicle of the type to which the applicant 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 th at th ere is g o o d an d su fficien t reaso n fo r th e ap p lican t’s in ab ility 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 this 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 such commencement, be deemed to be effective for driving a motor cycle with or without gear. commencement of shall, after this Act the 10. Form and contents of licences to drive.— (1 ) E very learn er’s licen ce 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 learn er’s licen ce o r, as th e case m ay b e, d rivin g lice n ce sh all 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) invalid carriage (d) light motor vehicle; [14] [(e) transport vehicle;] (i) road-roller; (j) motor vehicle of a specified description. 11. Additions to driving licence.— (1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he resides or carries on his business in such form and accompanied by such, documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central Government, the provisions of Section 9 shall apply to an application under this section as if the said application was for the grant of a licence under that section to drive the class or description or motor vehicles which the applicant desires to be added to his licence. 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.— (1) The Central Government may make rules for the purpose of licensing and regulating, by the State Government schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith. (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) licensing of such schools or establishments including grant, renewal and revocation of such licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the particulars to be contained therein; (d) fee to be paid with the application for such licences; (e) conditions subject to which such licences may be granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction); (m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the driving certificates, if any to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates; (p) such other matters as may be necessary to carry out the purposes of this section. (3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. 13. Extent of effectiveness of licences, to drive motor vehicles.— A learn er’s licen ce o f a d riving licence issued under this Act shall be effective throughout India. 14. Currency of licences to drive motor vehicles.— (1 ) A learn er’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 three years: [15] [***] [16] [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 one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and] (b) in the case of any other licence.— (i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of [17] [fifty years] on the date of issue or, as the case may be, renewal thereof,— (A) be effective for a period of twenty years from the date of such issue or renewal; or (B) until the date on which such person attain the age of [18] [fifty years], whichever is earlier; [19] [(ii) if the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, he effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal:] 15. Renewal of driving licences.— (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry: Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of Section 8, and the provisions of sub-section (4) of Section 8 shall, so far as may be, apply in relatio n to every su ch case as th ey ap p ly in relatio n to a learn er’s licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than thirty days after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than five years after the driving licence has ceased to be effective the licensing authority may refuse to renew the driving licence unless the applicant, undergoes and passes to its satisfaction the test of competence to div referred to in sub-section (3) of Section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. 16. Revocation of driving licence on grounds of disease or disability.— 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 from and in the same manner as is referred to in sub-section (3) of Section 8 if the licensing authority has reasonable grounds to believe 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. 17. Orders refusing or revoking driving licences and appeals therefrom.— (1) Where a licensing authority refuses to issue any learn er’s licen ce o r to issu e o r ren ew , o r revo kes an y d rivin g licen ce, 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. 18. Driving licences to drive motor vehicles, belonging to the Central Government.— (1) Such authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control, of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise. (2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1). (4) The authority issuing any driving licence under this section shall at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Government may at any time require. 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence.— (1) If a licensing authority is satisfied after giving the holder of a driving licence an opportunity of being heard, that he— (a) is a habitual criminal or 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 using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to or has not passed the tests referred to in the proviso to sub-section (3) or Section 22; or (h) being a person under the age of eighteen years who has been g ran ted a learn er’s licen ce o r a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order— (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. (2) Where an order under sub-section (1) is made, the older of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,— (a) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send to the licensing authority by which it was issued; or (b) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder. (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final. 20. Power of court to disqualify.— (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 he provisions of this Act, convicted to be disqualified, for such period as the court may specify, from holding any driving licence to drive all classes to 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 wiring 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 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. 21. Suspension of driving licence in certain cases.— (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 policy 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 or 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 acquired 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 become 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. 22. Suspension or cancellation of driving licence on conviction.— (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. 23. Effect of disqualification order.— (1) A person is respect of whom any disqualification order is made under Section 19 or Section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period. (2) The operation of a disqualification order mad under Section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate Court so directs. (3) Any person is respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this Section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal. 24. Endorsement.— (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) or 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 at 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. 25. Transfer of endorsement and issue of driving licence free from endorsement.— (1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained b the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. (2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the court or authority by which the endorsement is to be made, then— (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the court or authority within five days, or such longer time as the court or authority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsement: Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in Section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement: Provided further that in reckoning the said period of three years and one year, respectively, and period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. 26. Maintenance of State Registers of Driving Licences.— (1) Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing the following particulars, namely:— (a) names and addresses of holders of driving licences; (b) licence numbers; (c) dates of issue or renewal of licences; (d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the Central Government may prescribe. (2) Each State Government shall supply to the Central Government a [20] [printed copy or copy in such other form as the Central Government may require], of the State Register of Driving Licences and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Driving Licences shall be maintained in such manner as may be prescribed by the State Government. 27. Power of Central Government to make rules.— The Central Government may make rules— (a) regarding conditions referred to in sub-section (2) of Section 3; (b) providing for the form in which the ap p lica tio n fo r learn er’s licen ce 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; (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; (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 qualification 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; (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 19; (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 fo r th e g ran t o f learn er’s licen ces, a n d fo r th e g ran t a nd renewal of driving licences and licences for the purpose of regulating the schools or establishments for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of Section 19; (o) specifying the offences under this Act for the purposes of sub- section (2) of Section 24; (p) to provide for all or any of the matters referred to in sub-section (1) of Section 26; (q) any other matter which is, or has to be, prescribed by the Central Government. 28. Power of State Government to make rules.— (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 the 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 has 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; (j) the manner in which the State Register of Driving Licences shall be maintained under Section 26. (k) any other matter which is to be, or may be, prescribed CHAPTER III - LICENSING OF CONDUCTORS OF STAGE CARRIAGES 29. Necessity for conducto r’s licen ce.— (1) No person shall act as a co n d u cto r o f a stag e carriag e u n less h e h o ld s a n effective co n d u cto r’s 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 prescribed 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. 3 0 . G ran t o f co n d u cto r’s licen ce.— (1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of Section 31, and who is not for the time being disqualified for holding or o b tain in g a co n d u cto r’s licen ce m ay a p p ly to th e licen sin g au th o rity having jurisdiction in the area in which he ordinarily resides or carries o n b u sin ess fo r th e issu e to h im o f a co n d u cto r’s licen ce. (2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed. (3 ) E very ap p licatio n fo r a co n d u cto r’s licen ce sh all b e acco m p an ied b y a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant. (4 ) A co n d u cto r’s licen ce issu ed u n d er th is C h a p ter sh a ll b e in su ch form and contain such particulars as may be prescribed and shall be effective throughout the State in which it is issued. (5 ) T h e fee fo r a co n d u cto r’s licen ce an d fo r each ren ew al th ereo f sh all be one-half of that for a driving licence. 3 1 . D isq u alifica tio n s fo r th e g ran t of co n d u cto r’s licen ce.— (1) No person under the age of eighteen years shall hold, or be granted, a co n d u cto r’s licen ce. (2 ) T h e licen sin g a u th o rity m ay refu se to issu e a co n d u cto r’s licen ce — (a) if the applicant does not possess the minimum educational qualification; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and (c) if a n y p revio u s co n d u cto r’s licen ce h eld b y th e ap p lica n t w as revoked. 3 2 . R evo catio n o f a co n d u cto r’s lice n ce o n g ro u n d s o f d isease o r disability.— A con d u cto r’s licen ce m ay at an y tim e b e revo ked b y an y licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence an d w h ere th e au th o rity revo kin g a co n d u cto r’s licen ce is n o t th e authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence: Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. 3 3 . O rd ers refu sin g etc. co n d u cto r’s licen ces an d ap p ea ls th erefro m .— (1) Where a licensing authority refuses to issue or renew, or revokes an y co n d u cto r’s 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. 34. Power of licensing authority to disqualify.— (1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a co n d u cto r’s licen ce fo r h o ld in g o r o b tain in g su ch a licen ce o n acco u n t of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified p erio d , n o t exceed in g o n e year, fo r h old in g o r o b tain in g a co n d u cto r’s licence: Provided that before disqualifying the holder of a licence, the licensing authority shall give the persons holding such licence a reasonable opportunity of being heard. (2 ) U p o n th e issu e o f an y su ch o rd er, th e h o ld er o f th e co n d u cto r’s licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed. (3 ) W h ere th e au th o rity d isq u a lifyin g th e h o ld er o f a co n d u cto r’s licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same. (4) 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. 35. Power of court to disqualify.— (1) Where any person holding a co n d u cto r’s licen ce is co n victed o f an o ffen ce u n d er th is A ct, th e co u rt 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 co n d u cto r’s licen ce. (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. 3 6 . C ertain p ro visio n s o f C h a p ter II to ap p ly to co n d u cto r’s licen ce.— The provisions of sub-section (2) of Section 6, Sections 14, 15 and 23, sub-section (1) of Section 24 and Section 25 shall, so far as may be, ap p ly in relatio n to a co n d u cto r’s licence, as they apply in relation to a driving licence. 37. Savings.— 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 has been in force on the date on which that licence was granted. 38. Power of State Government to make rules.— (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 condu ct o f p erson s to w h o m co n d u cto r’s licen ces are issued; (d) th e fo rm o f ap p lica tio n fo r co n d u cto r’s licen ces o r for ren ew al o f such licences and the particulars it may contain; (e) th e fo rm in w h ich co n d u cto r’s licen ces m ay b e issu ed o r ren ew ed 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 co n d u cto r’s licen ce issu ed in an o th er S tate sh all b e effective in th e State; (k) th e co m m u n icatio n o f p articu lars o f co n d u cto r’s licen ces fro m o n e authority to other authorities; and (l) any other matter which is to be, or may be, prescribed CHAPTER IV - REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration.— No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. 40. Registration, where to be made.— Subject to the provisions of Section 42, Section 43 and Section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. 41. Registration, how to be made.— (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 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. (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 to the owner of a motor vehicle registered by it a certificate of registration 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. (7) A certificate of registration issued under sub-section (3), whether before or after commencement of this Act, in respect of a motor vehicle, other 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. (8) 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 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 for a period of five years and intimate the fact to the original registering authority, if it is not the original registering authority. (11) If the owner fails to make an application under sub-section (1), or, as the case may be, under sub-section (8) within the period prescribed, 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 one hundred rupees as may be prescribed under sub- section (13): Provided that action under Section 177 shall be taken against the owner where the owner fails to pay the said amount. (12) Where the owner has paid the amount under sub-section (11), no action shall be taken against him under Section 177. (13) For the purposes of sub-section (11), the State Government may prescribe different amount having regard to the period of delay on the part of the owner in making an application under sub-section (1) or sub-section (8). (14) An application for the issue of a duplicate certificate of registration shall be made to the [21] [last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. 42. Special provision for registration of motor vehicles of diplomatic officers, etc.— (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 th is sectio n , “d ip lo m a tic o fficer” o r “co n su lar o fficer” m ean s an y p erso n w h o is reco g n ised as su ch b y th e C en tral 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. 43. Temporary registration.— (1) Notwithstanding anything contained in Section 40 the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark. (2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable: Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted [22] [with a body or any unforeseen circumstances beyond the control of the owner], the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow. [23] [(3) In a case where the motor vehicle is held under hire- purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the owner.] 44. Production of vehicle at the time of registration.— The registering authority shall 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 to produce the vehicle either before itself or such authority as the State Government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of this Act and of the rules made thereunder. 45. Refusal of registration or renewal of the certificate of registration.— 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 registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or, as the case may be, for renewal of the certificate or 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. 46. Effectiveness in India of registration.— 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. 47. Assignment of new registration mark on removal to another State.— (1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: Provided that an application under this sub-section shall be accompanied— (i) by the no objection certificate obtained under Section 48, or (ii) in a case where no such certificate has been obtained, by— (a) the receipt obtained under sub-section (2) of Section 48; or (b) the 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 48, 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: Provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of Section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which application is made under sub- section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under Section 62, assign the vehicle a registration mark as specified in sub-section (6) of Section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. (3) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, the registering authority 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 or lease or hypothecation agreement (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). (4) A State Government may make rules under Section 65 requiring the owner of a motor vehicle not registered within the State, which is brough

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